Legal Question in Real Estate Law in Canada
property death
my sister who will inherit my mothers property want to add her name to the deed. What do we need to do to make sure that if my sister dies while my mother is living I will be the beneficiary. My mother has alysmiers and can't change her will. My sister is the PO.
1 Answer from Attorneys
Re: property death
If the property now stands in your Mother's name alone and she is incompetent to sign a deed, the property can not be conveyed by her to your sister, unless your sister holds a durable power of attorney to sign for your Mother. If that is the case, you might consider deeding the property into a trust or perhaps a life estate for your Mother and sister during their lifetime with the remainder vesting in you at their death. Retain an elder law attorney, however, as there are prohibitions against creating trusts and life estates under these circumstances.
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