I want to put my mother’s house in my name would a quick claim dead or just adding my name to title be best?

Question

Put my mother’s house in my name quick claim deed or add my name to title as she forgot to name one of her children in will and she is leaving me the house but would like to get it in my name now before she passes.

Edward Armstrong · Answer

If your mother wants to "put your name on the title" she should have a Quitclaim Deed prepared deeding the house to herself and you as joint tenants with right of survivorship."  The deed must then be recorded in the Recorder of Deeds office for the county in which the house is located.

Randy Harvey · Answer

You should work with the lender on the house and have your name added to the title as Joint Title with Right of Survivorship, this will transfer the house completely to either party upon the death of the other.

David Leon · Answer

Tell momma not to do a quitclaim, she'll just mess up the title. Your mother can execute a warranty deed to transfer title to whomever she pleases, assuming she owns it outright. This may lead to adverse tax consequences, compared to her leaving you the property via a will.   These are not DIY projects. Ask momma to hire a lawyer or title company prepare the documents.

James Frederick · Answer

Your mother needs to see an attorney to do this properly or it could be a disaster for you and/or her. This is not a no-brainer. You are referring to a QUIT Claim Deed. There is no such thing as a "quick claim." That should be evidence enough that you need to see an attorney, but in case it is not, if this is not properly set up, your mother could lose control of her property, it could be subject to your creditor claims, to a divorcing spouse, she could lose her exemption for Medicaid purposes and you could have some horrendous tax consequences. If done properly, everything can be accomplished with no problems, at very modest expense. In addition to the deed, your mother also needs a durable power of attorney, for health care and for financial matters. The total cost for these documents should be about $400.

Kevin Bruning · Answer

Your mother should consult an estate planning attorney as to the best way to convey her house to her chosen heir when she dies. It may be appropriate to do what is called a "quitclaim" deed - note that there is no such thing as a "quickclaim" deed - and to put the house into some form of joint tenancy to ensure the house goes to the correct person if there is a right of survivorship; joint tenancy with a right of survivorship will also help to avoid probate as to the house. However, that is difficult to determine from this set of facts and there may be flaws in that approach in your particular state.

Marcus Kroll · Answer

If she quit claim deeds the house to you alone, to the detriment of your siblings, be aware that this could create a Will challenge down the line.

Thomas Edward Gates · Answer

There may be income tax issues if the house passes to you at this time. Just have her revised the will.

Brian Haggerty · Answer

In my personal opinion, giving away an interest in real property is a bad idea. She should make her will with a gift of the house to you if that's what she wants. Giving you all, or even half of the property now is a "taxable" gift (consult your tax advisor), potentially disqualifies your mother from public benefits she may need, and subjects her home to the claims of your creditors. It sounds like she needs to change her will anyway, if she forgot one of her kids, so just include the gift of the house in the will.

Mark T. Peters · Answer

If your mother wants to give you the house, she could sign a quitclaim deed to you and you would have the title.

Norman Green · Answer

If she makes a quitclaim deed to you and her as joint tenants, and treats it as still belonging to her, then she will not need to file a gift tax return and you will get a full step-up in basis after she dies. (So if you sell it you will have no gain to r3eport for tax purposes.) If she gives it to you now, then she must file a gift tax return, and your basis will be her basis. Therefore, for example, if she bought it for $200K and you sell it for $300K, you would need to pay tax on a $100K capital gain. Very important: if she forgot to mention one of her children in her will, she should make a new will. In it she also can mention that you are getting the house.

Christine James · Answer

This is complicated and you want to make sure an attorney is involved so that the transfer does not get undone after your mother passes away. Be very careful with this.

Sharon M. Siegel · Answer

If your mom wants to do this as part of her estate plan, the actual documents you describe are simple. She should make sure that this is the best, most tax effective, secure method to pass the house to you.

Ben Liu · Answer

Maybe a quitclaim deed to you and your mother with rights of survivorship.

Phillip Day · Answer

I'm not sure what you are asking but if you what your mother wants to do is transfer the property to you prior to her death, she can do so assuming there are no restrictions on the transfer. However, if the purpose is to make it easier upon death, be aware that you will receive the property with a carry over basis and built in gain most likely as opposed to a step up in basis at death. Also, how do your siblings feel about the transfer? Remember that transfers prior to death are often the subject of litigation, especially if there is bad blood among the survivors. Trying to make things easy may only complicate matters down the road.

John Brennan · Answer

See an attorney and do it right, with a witness that she was competent and understood the transaction.

Dara J. Goldsmith · Answer

Your mother should correct her Will and meet with a qualified attorney to do so. As far as transferring the property that can create a lot of issues and should not be taken lightly. Again she should speak with an attorney about the issues  that she may encounter.

Kenneth Gold · Answer

If your mom has the capacity and desire to do so, a quit claim deed works well. But they are often done wrong and create problems.

Monica H. Donaldson Stewart · Answer

There may be a more appropriate way to ensure that your mom's house is passed to you upon her death rather than adding your name to the title now (which may have unintended consequences). If the property is located in Arizona, your mother can execute a beneficiary deed that indicates that upon her death, the title to the house passes to you. If this is done properly, there is no need for probate and the house simply passes to you when you record a copy of her death certificate. Another option is for your mother to revise her estate plan to make sure all of her children are recognized. I recommend she consult with an attorney to discuss this situation in greater detail.

Susan Wideman · Answer

Only your mother or her Agent Under Durable Power of Attorney can add a name to her deed. If this is what your mother wants, then she could have an attorney prepare a new deed for her, or she can prepare a new will. If your mother gives you the house while she is still alive, she may risk making herself ineligible for Medicaid benefits should she need to go into long term care. You need to consult an elder law attorney before making these changes.

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I want to put my mother’s house in my name would a quick claim dead or just adding my name to title be best?

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