Legal Question in Real Estate Law in Georgia

My mother has deeded over her property to my sister and I at her request. She sill lives in her house and is doing well. However, we are now paying higher property taxes due to the changeover. My question, as long as our mother lives in the house is there a way to prevent the higher taxes without putting it back into her name. Also, we plan to take care of our Mom until her death. Is it best to place the house back into her name to avoid paying the higher taxes. Our thoughts were if she become incapable of taking care of herself that the State can withhold her possesions if she has to go into a nursing home. We feel that if we have to sell our mother's property to take care of her it's better for us to do so than the state to take possession. Can you help?


Asked on 9/29/11, 12:29 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You made a slew of serious and possibly catastrophic mistakes. The time to see a lawyer is before things not after.

The transfer may have made her Medicaid ineligible and may cost the family the home altogether.

Deeding it back and forth could make things worse.

And no, she does not get a homestead exemption unless she is an owner. You also cost yourself a year's higher taxes.

Before you mess things up even worse, stop winging it and get a very good lawyer. You probably cannot fix all the damage, but at least you can minimize them.

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Answered on 9/29/11, 6:16 pm


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