Legal Question in Real Estate Law in Maryland

type of deed needed to add daughtertotitleandotherdisableddaughterwithprotection

Can I add daughter to my deed. There is only 15,000 owed on home. I have disable dauthter who will live there also and how do I have deed staTED TO PROTECT HER IF I SHOULD DIE. cAN I DO THIS WITH A BALANCE. iS IT POSSIBLE TO DO.


Asked on 9/18/04, 10:21 am

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: type of deed needed to add daughtertotitleandotherdisableddaughterwithprotec

You can convey your interest in real property to your daughter or even to a trust. Of course there are costs and benefits with this or any other action.

This can be accomplished through a general warranty or other deed.

You should contact an attorney for an analysis of your circumstance and presentation of alternatives. If you already have one, your last will and testament should also be reviewed and may likely need to be updated.

Contact me at (410) 799-9002 or by return e-mail.

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Answered on 9/19/04, 10:34 am
Alan Albin Alan S. Albin, Attorney at Law

Re: type of deed needed to add daughtertotitleandotherdisableddaughterwithprotec

Yes, it is possible to convey title from yourself to yourself and another person. In this case, you would like to transfer title to yourself and your daughter.

However--such a transfer might trigger a "due on sale" provision in your mortgage loan, i.e., conceivably the lender would have the right to be paid the full amount owed, immediately. Second, there may be serious tax consequences to such a transfer, i.e. gift tax consequences and estate tax consequences. Third, it sounds like you need to retain an attorney to assist you in doing some serious estate planning. This can only be done in coordination with a review of your entire finances and situation, as well as those of your daughter. I would be happy to assist you with this. Please contact me if you wish to discuss.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

*Licensed in New Jersey, Maryland, and the District of Columbia.

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/18/04, 2:51 pm


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