Legal Question in Real Estate Law in Texas

Re: Uncontested property transfer at parent's death

There are several ways she can do this. This all depends on whether she is on Medicare/Medicaid or some other financial assistance.

Anyway, the most common way she can transfer the property is to make a present day transfer. You may suffer some adverse tax consequences, but at least the property is transferred immediately, making it more difficult to contest.

Second, she can transfer the property, but retain a life estate, granting her the right to remain there until her death, and then vesting title in you. Again, there could be adverse tax consequences.

Third, she can execute a revocable living trust, and transfer the property into that. Upon her death or incapacity, the trust becomes irrevocable, and you would be the trustee.

Fourth, there is the standard will, with a no contest clause.

I'm sure there are other wasy of accomplishing this, but that's all I can think of at the moment. Deeds are substantially less expensive than a will, and a trust is probably the most expensive.

Re: Uncontested property transfer at parent's death

There are several options, probably the best of which is for her to create a trust with a no-contest clause. From your note, I gathered that your mother is located in Texas. She should consult with a Texas probate/estate planning attorney to help her with this matter.

Re: Uncontested property transfer at parent's death

With a 93-year-old mother anything you do will be suspect. The best advice anyone can give you in his select an attorney who is specialized in estate planning/probate who you don't know. A stranger and not anyone who is dealt with you in the past. Take your mother to the attorney, leave the room and have him prepare estate planning documents on her behalf. Either a will or trust. Let him ask her questions and understand what her desires are. He will then codifiy those in writing in the estate planning documents and having her execute its in the proper manner you will have a better chance of withstanding a will contest, trust contest in that regard. Other claims could be undue influence and fraud. There will be no fraud in that transaction so the only situation you laugh to deal with his undue influence. For that you should seek the aid of an attorney, not the same one who aided your mother. Under no circumatances should she transfer any assets to you now or when she is alive. Possible adverse tax consequenses and other intangable negitive effects. I have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.