Legal Question in Wills and Trusts in Florida

Re: Adding name to a deed

I specialize in elder law. if your mom is older you need to beware that adding your name is considered a gift. The will disqualify her for any Mediciad for possibly a long time. the laws changed in July retroactively back to Feb 2006.

There are better ways to accomplish your goals, such as a trust or lady bird deed.

Feel free to contact me. My contact info can be found at www.tcfel.com.

again do not do the quit claim until you consult with an elder law attorney.

Don Rosenberg

Re: Adding name to a deed

I specialize in elder law. if your mom is older you need to beware that adding your name is considered a gift. The will disqualify her for any Mediciad for possibly a long time. the laws changed in July retroactively back to Feb 2006.

There are better ways to accomplish your goals, such as a trust or lady bird deed.

Feel free to contact me. My contact info can be found at www.tcfel.com.

again do not do the quit claim until you consult with an elder law attorney.

Don Rosenberg

Re: Adding name to a deed

Don't do it. This is the most common blunder people make in doing what I call "home spun estate planning." You do not have to spend money for an attorney, Elder Law or otherwise, to accomplish what you want to do. You should use a living trust and other death and disability planning documents. Most people with a net worth of less than one million dollars ($1MM) can do this on their own. My book, "Create Your Legacy & Save the American Middle Class. How You Can Protect Your Family and Loved Ones in the Event of Death or Disability (Without Paying Legal Fees) and Win their Gratitude and Admiration" explains all you need to know in simple, plain English. You can go to www.YourLivingLegacy.info for more information on this and obtain a download of the book. If you do decide its best to handle all of this without a lawyer, I offer on line my Legacy Trust Package which includes a complete planning package, in simple English and valid in every State. The book is $19.95. The do it yourself trust package if you choose to use it is only $79.95. You can also access the book and learn more by going to our website www.mwroth.com.

By reading the book you will learn of the serious adverse tax consequences of doing what you propose. You mom can qualify for Medicaid, if she needs it without jeapardizing the house. If and when she needs medicaid to pay for long term care, give us a call.

Re: Adding name to a deed

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You can accomplish what you have asked about by using a Quit Claim Deed in order to add your name to the house. This can be done without an attorney is you can properly draft the deed, prepare a DR-219, and file the deed in the appropriate court. It would be a very serious and expensive mistake, however. There are serious tax implications which you would incur as a result of this action. I strongly urge you to consult a Florida attorney. This reminds me of a slogan on a plumber's truck I spotted the other day, "We resolve the leaks your husband fixed".

Scott R. Jay, Esq.