Harrisburg, PA asked in Real Estate Law for Pennsylvania

Q: How do you transfer a deed from Uncle to Nephew?

My Uncle wants to transfer ownership of his home to myself (his nephew) and my wife. Upon look-up of the deed, we found out that in 1989 he added on my mother and father as joint tenants. They have never lived there and recently my father passed. It actually states on the deed that my Uncle owned the home until 1989 and added my parents on as joint tenants by the entireties and joint tenants with rights of survivorship. My mother is currently in a dementia unit and I am her POA. We are assuming she is co-owner with my Uncle based on this information. Is my Uncle allowed to transfer this by himself or do I need to sign something for my mom - is that even possible?

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1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: Something must be signed on behalf of your mother. If you have a Power of Attorney, you can sign the deed on her behalf. Your uncle would also have to sign. There will be a two percent transfer tax on the interest being passed to you by your uncle. The interest being passed to you on behalf of your mother bears no transfer tax, as that would be exempt.

If either your mother or your uncle die within one year, the interest of the property that was transferred by the decedent will be pulled back into the decedent's estate for assessment of inheritance tax.

You would be best advised to file a gift tax return at the end of the calendar year to reflect the gift, even if no gift tax would be owed.

You need to consult a lawyer about this.

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