Legal Question in Real Estate Law in California

Re: Quitclaim JTROS Parent & Child to Child Sole & Seperate

What is it that your mother is trying to achieve? Right now, if she passes away, you, as the surviving joint tenant, will own the entirety of the property. If your mother transfers her interest to you, she is the grantor and you are the grantee. All transfers are irrevocable,(save for transfers set aside by the courts, etc.) unless the transferee (the grantee) wants to "undo" it. In other words, if your mother changes her mind later and you refuse to give her interest back to her, she would have to go to court to set aside/rescind/revoke the transfer. A quitclaim deed is just as "permanent" as a grant deed.

Re: Quitclaim JTROS Parent & Child to Child Sole & Seperate

Your question concerning revocability indicates that you may be confusing transfers by deed to transfers into trusts. Once a deed (whether it is a grant deed or a quitclaim matters not) is executed by the grantor and delivered to the grantee or his agent, the legal title is conveyed and the result cannot be undone except by (1) a court for good cause such as fraud, or (2) the grantee's deeding back the property.

(An unrecorded deed may be invalid against a bona fide purchaser of the property for value without other notice of the conveyance, but is valid with respect to the grantor, grantee and others with actual or constructive notice of the deed.)

In your case, as Ms. Deming has already pointed out, the proposed transfer seems to accomplish little. My guess is that the two of you are trying to anticipate and protect against possible MediCal demands against your mother's equity in the house.

If so, you need to find and talk with someone who is a specialist in this narrow area. The rules change frequently as elderly homeowners find loopholes and the MediCal bean counters, lawyers and the legislature take counter-measures to grab the money.

Also note that transfers of property for less than reasonable value may be deemed fraudulent if their purpose OR their practical effect is to "defraud, hinder or delay" creditors OR prospective creditors of the transferor.

Re: Quitclaim JTROS Parent & Child to Child Sole & Seperate

See an attorney familiar with Medi-Cal rules and exceptions before you make any transfer--you could cause ineligibility problems for her and possible Medi-Cal fraud if it isn't handled correctly.

Re: Quitclaim JTROS Parent & Child to Child Sole & Seperate

You should also have a tax attorney or CPA review the tax effects of your proposed transfer. When you record the deed for this transfer, you should also submit a preliminary change of ownership report to inform the assessor about the transaction and to claim an exemption from property tax reassessment.

Re: Quitclaim JTROS Parent & Child to Child Sole & Seperate

Sorry but I don't really understand your question. Are you saying can she quit claim to you all for interest in the property? What kind of the deed can you use? She would be the grantor if you ultimately become the sole owner of the property. You would be the grantee. There are other potential problems in tax issues here which cannot be addressed unless I have answers to a few questions. More importantly, because she is now in a facility rather than independently living alone, I question her cognizant of what is going on. Therefore, before you would do anything personally, I would recommend that you seek the aid of the real estate attorney who also is the you're with elder law. It is not just who holds title but what the form of title he is which could affect substantially the overall financial situation regarding the real property. Again, taxes, taxes, taxes. Quite sophisticated, important and many times the driving force behind estate planning as well as life planning.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.