I'm listed as 1 of 3 children on my Mom's Will, but I'm not listed on the deed to the home. Does this mean I'm not beneficiary on home? - AgingCare.com

I'm listed as 1 of 3 children on my Mom's Will, but I'm not listed on the deed to the home. Does this mean I'm not beneficiary on home?

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Is anyone else currently listed besides your mom on her deed? Your mom's will means that one third of the home value will be transferred to you after your mom passes. I wonder what will happen if your mom uses Medicaid for her care before she passes. Will anyone be able to get her home after she passes?
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I knew a woman who remarried. The house was hers from a previous marriage.She had that upon her death her present husband could stay in the house until he left the house or died. If either happened, the house reverted to her children. Problem was his GF moved in little by little even though she had a house of her own. (his had ac) Th man's son had been telling her a yr before his father's death that she needed to move her stuff back to her house. She didn't and when the husband died, the daughter asked the woman to leave. The woman was telling everyone she was kicked out and homeless. She was a pistol. The wife should have stipulated no one else but her husband should live in the house.
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Oh ya that evil Capital Gains. I believe there is a figure that must be reached before this sets in. Does anyone know for sure? I also believe, I have the right to a one time savings on this. HOWEVER, I am a partner, not a spouse. So, there is another thing I need to check. Where is my checklist...???
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Re: house not in your name... Does the deed read that the house is in the TRUST? And if you are in the TRUST, and the house is part of the TRUST, then you are part of the house..It is all in the wording in the Trust and what is on the deed whether the house is in the TRUST... My partner has a pour over Will. There is a Trust and all of the savings, investments house, cars etc are listed in the trust. One thing he did different on the house, was make me beneficiary. BUT, I have to give the stated percentage mentioned in the trust to each child when I sell the house. I am concerned with one thing.....He mentioned in the trust that I can stay in the house as long as I want and sell WHEN I wants to sell. BUT, there is no LIFE ESTATE in the numerous documents. I hope and should check to make sure that the way the house is noted that it takes the place of the Life Estate. It can get very complicated and anyone who will contest the Trust and the Will - will be looking for a loophole somewhere. So, I am getting everything checked again.

I know this all sounds like many of us are just looking for the money. Truth is, we work hard and are giving many years that we cannot get back. I am 73 and I MUST look out for myself and my future without my partner. Otherwise, I will be a burden on my children. Take care of your loved one, but don't be ignorant about your rights. We deserve it.. My partner would be the first to admit this
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In my state if the deed lists the names as joint tentants with right of survivorship, your moms share automatically goes to the other people listed on the deed. If it says joint tenants her share does not automatically go to the other people. Read the deed and Google the terminology
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Yes, need to know what the market was at the time the other person was added. If market has increased at time mother dies, thats capital gain. Can work the other way too. Can have a loss if maket goes down. We took a loss om MILs house and got the market price at the time. Paid no taxes.
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gropup, if two of your siblings are on the Deed along with your Mom, then your Mom owns 1/3 of the house.... there are usually two different ways a Deed is written. One way is if your Mom passes, then the two siblings will get her share of the house. Another way is if your Mom passes, then whomever she left the house to in her Will will get that 1/3 shareholder after her estate is cleared.

If later down the road the house is sold, it will be a very complex capital gain for income taxes whenever a parent deeds a house or part of house to a child while the parent is still alive.
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Just assuming that none of your siblings are listedon deed? If so, above info is correct. The house will be part of her estate. If one or more of your siblings is on the deed than they are co-owner/s. Not sure how ownership will work upon her death but I would assume the house the co-owner/s and not part of her estate. A question for a lawyer if co-owners.
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If mom is still alive, I would expect the deed has only her name on it.
After she dies, the property becomes part of her Estate.
The Estate pays all bills, then divides things up according to the Will.
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