Legal Question in Real Estate Law in New Mexico

I am 86 and in ill health. My son is 50. What legal issues are involved if I transfer ownership of my house to my son? What responsibilities would he have to take care of?


Asked on 9/30/09, 2:55 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

In New Mexico we have what is known as a "Transfer on Death Deed," or TODD. It permits you to deed the property to the person of your choice now, but they can't do anything with it until your death. Most lawyers recommend this device to accomplish what you wish. There are really no legal issues other than the TODD which gets filed with the County Clerk of the county in which you live. As for his responsibilities, he has none. If you deed the house to him he can legally sit by and watch it rot if he chooses. You know your son. If he will take care of it, that's one thing. If he won't, then that's another as you need the dwelling in good repair during your life time. You may email us if you wish further information.

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Answered on 10/05/09, 7:30 pm


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