Morgantown, WV asked in Estate Planning and Elder Law for Pennsylvania

Q: Should I add my name on the deed to my mother's house?

Only 1 heir (me), no mortgage, no debt either side. mom is 82., dad passed in the fall - sister passed 25 yr ago (not married). I live 1 hr+ away. She just got a settlement from asbestos suit, so do not have to use home for equity to help with monthly bills and taxes for the time being - not alot, but helpful for some time. Only reason I would is if she would need to go to a nursing home - she's together in the mind - still gets around. After reading alot on the internet about this - seems like we should just let it be, anything else to help on what else, if anything we should do. Mom does not have a huge estate - not a big house ~$130k. Total estate with house - under $250k

Related Topics:
1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
  • Allentown, PA
  • Licensed in Pennsylvania

A: Your mother and you would be best advised to speak with a knowledgeable lawyer and develop a comprehensive estate plan.

I will give you a few random things to check on:

1. If your mother needs nursing home care, is the house an exempt asset?

2. If the house is exempt and you are added to the deed, is it still an exempt asset?

3. Are you better off if the house is completely gifted to you?

4. If the house is gifted, what is the "look-back" period if mom needs nursing home care?

5. What is the expected inheritance tax on the house?

6. How can you escape inheritance tax?

7. What is the "look-back" period for inheritance tax?

These are just a few of many questions. As I said, you need to consult with a lawyer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.