Legal Question in Real Estate Law in Massachusetts
Mothers Deed
My mothers deed to her house is in her and my fathers names, My father is deceased, and she would like to take him off and add my sister and myself to the deed, how would we do this and what would the cost be.
2 Answers from Attorneys
Re: Mothers Deed
The cost would be minimal and we would need a copy of your father's death certificate. Based on your mother's age and assets, she may wish to consider estate planning in order to protect her assets from Social Security or Nursing Home expenses, adn to take advantage of the capital gains "skip." please contact me if you or your mother wish to discuss the details.
Re: Mothers Deed
To remove your father's name is relatively easy, record a certified copy of your father's death certificate. This can usually be obtained at Town Hall. The cost of recording the Death Certificate is $75.
Putting you and your sister on the deed to the house is relatively easy, but could have some impact if your mother wants/needs to sell and later needs medicare for a nursing home.
However, to simply put you two on the deed, you need a deed prepared, executed and recorded. The deed I assume is intended to make sure the home goes to you and your sister, so it has to be as joint tenants with right of survivorship. The cost of recording a deed is $125.00.
The cost of having someone simply prepare a deed is $100-$125. however, there may be more than that you should consider. Moreover there may be a better way to handle what you want done and your ultimate goals.
If you have additional questions, please feel free to call me.