Can a quitclaim deed be filed to transfer ownership to my name? Also, can it be effective upon his death? - AgingCare.com

Can a quitclaim deed be filed to transfer ownership to my name? Also, can it be effective upon his death?

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My father is 92. My mother passed away last year. The deed for house, no mortgage, is in both their names tenants in common with right of sponsorship. Per his will, my sister and I are equal beneficiaries for the property. The house has been my primary residence for over 40 years and she has no interest in property or real value.


Can a quit claim deed be filed to transfer ownership to my name. Also, can it be effective upon his death ?
What additional property issues must be addressed?

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Does your father have an attorney that he has worked with in the past? If not, now is the time for him to meet with an elder law - estate planning attorney in your state to review the ownership status of the real estate.

You mentioned that your parents owned the house as "tenants in common" and I'm assuming that you meant to say "right of survivorship."  Tenants in common is not compatible with a right of survivorship, so meeting with an attorney who can give you an accurate explanation of the current situation is your first step.

When the current status is clearly understood, your question about whether your father can transfer the home to you without needing a probate of your mother's estate can be addressed.

Your father must also consider his current health, and future needs for long term care.  Federal Medicaid law provides a caregiver child exemption for transfers of a person's residence, whenever the child has provided 2 years of care that saved the person from needing a nursing home admission.

https://www.law.cornell.edu/uscode/text/42/1396p

42 U.S. Code § 1396p(c)(2)(A)(iv)

So, if a physician can certify that you lived in your father's home for a period of at least two years immediately before the date the your father becomes an institutionalized individual, and that you provided care to such individual which permitted such individual to reside at home rather than in such an institution or facility, your father could transfer the house to you, and still be eligible for Medicaid.

Your questions about filing a deed that is effective at death requires your father to decide whether he wants to keep a life interest in the home.

After talking with an elder law - estate planning attorney in your state, your father will be able to make well informed decisions about the succession plan for the family residence.
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See an attorney that specializes in elder law. Transferring the house to you could trigger ineligibility with Medicaid for Dad. It would depend on how long you have been providing medically necessary care for him keeping him out of a nursing home. And the regulations differ by state.
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Yes...please consult an attorney. Like a fool I did a quit claim deed when I divorced my husband, but my name was still on the mortgage. Bad decision. In your case do not do anything without legal advice.
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Here's one consideration that nobody has mentioned. The way I understand it, when you inherit a property, and capital gains taxes from selling are based on the value at the time of inheritance. If you were to do a quit claim, the capital gains taxes would be based on the purchase price(over 40 years ago). Let's say it was purchased for $20K, and is now worth $120K. If you inherited it this year, and sold it next year for $130k, you'd pay taxes on that extra $10K. If you did a quit claim this year and sold it next year for that same $130K, you'd pay taxes on the $110K profit. Very expensive mistake. Therefore, I'd suggest 2 things: One, have your sister sign a letter stating she has no interest in the property, and will deed her survivor portion to you. File that letter along with the will for when your father dies. Two, consult an attorney as the others have said. Good luck!
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Or, another option: have your dad update his will to leave the house to you alone.
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First of all, I think you heard some of the terms wrong, which is easy to do with unfamiliar words. I think you meant survivorship when you wrote sponsorship above. I think you meant a quit-claim deed when you wrote a quick claim deed.

Second - this is an example of why you really, really need to talk to a lawyer about this property issue, give him this information, and possibly copies of your father's paperwork, and ask him for advice and assistance. Real estate laws vary considerably from state to state, and property transfers after the death of the owner can be especially tricky. Sometimes the best thing is to transfer the property before death, with your father having a right to live there until he dies, but only a lawyer who knows all the details can answer your question. If you cannot afford a lawyer, check to see if there is any agency or firm that might be able to help you for free or for a reduced cost or make some other reasonable arrangement to help you answer your questions. Sometimes a law school in your state may have a clinic, or know of someplace that can help you.
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Yes, see an attorney. Since there is no mortgage on the property, I assume, a quit claim deed would transfer ownership to you. But to make sure you do everything properly an attorney is always your best bet. As the others said, if you ever need Medicaid for your dad, the transfer has to be done correctly.
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You've gotten lots of good advice. Definitely you need a lawyer. Here's another issue... Your sister can bow out of the ENTIRE inheritance, BUT IF she only chooses to bow out on the house and wants to claim her share of other items (like cash or stocks), the surrender of the house will be considered a "gift" to you and she'll have to account to the IRS for it because that gift is over the $14,000. annual IRS tax-free gift amount. Beware of making a sideline deal with her where you get the house and she gets more cash. Note what was said in the responses above. As for finding a lawyer, your nearest Senior advisory group may be able to give you a list of lawyers who will do a good job for a reasonable price (though it will probably not seem "reasonable" when you hear today's costs.) And ask the lawyer if another will or a "living trust" (which can avoid probate and probate fees) makes more sense. (Note: Changing the will can only be done if your dad is "of sound mind" ...or whatever they call it these days.) Good luck. It's so complicated; get help.
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Quit claims also (in Connecticut) take 5 years with right to life use. Definitely seek lawyer for correct advice.
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Some states allow a Transfer on Death deed that is prepared while the person who is the owner of the real estate is still alive. You should see a lawyer.
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