Legal Question in Wills and Trusts in Pennsylvania

mmine and my mothers name is on our house. she is elderly and I would like to know what I can do to just have the house in my name


Asked on 1/17/11, 10:20 am

1 Answer from Attorneys

Your mother needs to decide what to do, not you. And I do not have enough information about your mother's situation to give advice. I do not know if it is in your mother's best interests to transfer the home to you at this time outright, or keep a life estate or make this a joint tenancy with right of survivorship. Although your mother is elderly, she may need to go into a nursing home at some point. Is that going to be likely ini the next 5 years? If so, how will she pay for it? Transfers made within 5 years of the time she applies for Medicaid may disqualify her from receiving Medicaid benefits.

It may be that she can just change the deed from herself and you as tenants in common to a joint tenancy with right of survivorship (if the deed does not already provide for it) so that the land will automatically pass to you upon the death of your mother. If that is not feasible, consider buying out her share of the home. If she gives an outright gift to you of her half, then there are gift tax consequences to her which have to be considered. I do not know the value of the home nor do I know what other assets your mother owns so I cannot know whether these consequences will come into play or not.

If your mother is mentally competent, then she needs to see an attorney who specializes in elder law and medicaid/estatee planning. The attorney can better review her situation and decide if a transfer is in her best interests at that time.

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Answered on 1/28/11, 9:09 am


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