Legal Question in Real Estate Law in Massachusetts

Re: Transfer of house ownership from mother to son

Yes, it should be owned jointly. This will avoid probate. The property will go to the survivor automatically.

Re: Transfer of house ownership from mother to son

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 you are instructed to stop here, and do not read any further.

Your mother can legally transfer her house to you by executing a Quit Claim Deed. There may restrictions by the current lender who probably has a "Due on Sale/Transfer" clause in her mortgage if she has one. Many lenders will make an exception for a family member, however.

If mom is going to remain in the home, then your course of action may not be wise due to tax considerations which may have severe consequences and far outweigh the advantage of "avoiding probate". A less experienced attorney may give you improper advice on this subject. You may wish to read earler questions dealing with this topic and the stepped up basis you will receive if you inherit this property at mom's demise.

I strongly recommend that you speak with am experienced Florida real estate attorney to review the specifics of your situation. The cost will be minimal compared to the information you will learn.

Scott R. Jay, Esq., 305-249-8000

Re: Transfer of house ownership from mother to son

It's not a bad idea, but whether it is a good idea in your situations requires a review of the financial status for both of you. Having the property owned jointly is an easy, inexpensive way to avoid probate since upon her death, you would become the sole owner. There are tax consequences, however. In addition, rather than merely putting you on the deed, it might be better for her to establish a trust with you as beneficiary. A couple of hours with an attorney and a thorough review of your respective situations is called for. I don't usually do this kind of work, but another attorney in my office would be glad to meet with you if you want to call for an appointment. Best wishes.