Asked in Estate Planning for Maryland

Q: My mother owns a home which she wants to gift to me. She's having trouble conveying this after her stroke.

What can she do to transfer the property if her speech is not clear and she can't write it out?

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1 Lawyer Answer
Paul E. Draper
Paul E. Draper
  • Estate Planning Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: Your mother can only gift and transfer any property she owns if she is found to be competent to do so. This finding of competency is predominantly a medical decision and her treating physicians or a specialist such as a neurologist should evaluate your mother to determine if she is competent. If she is established to be competent then you should retain an estate planning attorney to assist your mother in gifting and transferring her home. Your mother's inability to write or even sign her own name is a hurdle that can be overcome in transferring property but is not an outright bar in transferring it. However, you should consult with an estate planning attorney to assist you in this transfer.

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