Legal Question in Wills and Trusts in North Carolina
Transfer of Property before Death
Our mother has a will which gives her house over the her three children upon her death. She has had some stokes and needs help, both financially and professionally. We cannot afford to put her in a home and we cannot receive any funds to help until the house is out of her name. How do we do this. Can we do this without an attorney's fee?
She is willing to sign the house over to us for $l.00 each (there are 3 children). We are concerned whether she is mentally stable enough to sign this document but she does seem to understand more than we think at times. Can you advise us if there is any way we can get more information or help with this matter?
1 Answer from Attorneys
Re: Transfer of Property
This is a complicated area if she plans to apply for federal or state aid in paying the nursing home bill--if this is the case, you should seek the advice of an attorney experienced in MediCaid matters (there are not many of these attorneys out there). You might start at the local senior center, as they often have referrals to attorneys and local/state services that can advise you on the particulars.
Get the advice BEFORE you do anything, or you may lose some options open to you now.
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