Legal Question in Real Estate Law in Virginia
Property transfer
My question is, '' Husband has alzhiemer's, and I would like to transfer my property to my son, can I do this without my husbands signature?'' This question is being asked for a relative of mine. Her husband was diagnosed with alzhiemer's a few year's ago and things are starting to get tough for her, all she want's to do is to transfer her property to her son, so she doesn't have to worry about that expense along with the medical expenses that she has. Any help you can provide would be greatly appreciated. Thanks in advance.
1 Answer from Attorneys
Re: Property transfer
The question is somewhat unclear as it refers to "my property". Ownership of property interests are often misunderstood, and I am assuming that real property is the issue here as opposed to personal property. So before you start transferring property make sure you have a clear understanding as to who has ownership interests.
If your husband is required to execute a deed and he is truly incompetent, and there is no power of attorney that preceeded his incompetency, which specifically survives his incompetency, then a court hearing would have to take place in which he could be declared incompetent, and a guardian appointed to act on his behalf. That guardian would be charged ( as would anyone acting under a power of attorney ) with considering your husbands best interests before signing a deed.
Finally, you need to consider the gift tax consequences involved in such a transfer.
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