How do I remove my deceased parent's name from deed then add my name?

Question

I'm the executor of my father's estate and probate has opened. My mother is the sole beneficiary. Both their names are on the house deed but no Transfer on Death language is in the will or on a signed form. I'm my mother's beneficiary for real property and am now paying for repairs to their house and the taxes. My mother wants to put my name on the deed at the time my father's name is removed. Is that possible, and if so, what do I need to do?

Nina Whitehurst · Answer

That is possible but more often than not it is not the best idea for your mother for tax, liability, asset protection and other reasons.   Your mother should consult with an estate planning attorney or an elder law attorney.  There are other ways to ensure you receive the property at your mother's death and avoid probate that have fewer downsides and might also provide protection from nursing home expenses as an added benefit.

Isaac Shutt · Answer

I agree with the prior answer.  See, if you start putting money into the house, what if your mother doesn't give you the house (upon her death or when she moves out)?  If she doesn't then, are you okay with the thought that you may lose all that money you put into the house?  If the answer is yes, then keep doing what you're doing.  If the answer is no, you may want to be careful about how much money you put into the house. 
 
Also, to get title in her name 100%, you need to do a probate.  This will require you to get a probate attorney.  Many probate attorneys offer free or inexpensive consultation meetings.  Probates are pretty straightforward for probate attorneys to do, so you may pleasantly surprised at how easy and inexpensive it is to get the property 100% transferred to your mother's name.

Tammy L. Wincott · Answer

Your probate attorney should be able to answer your question; however, as the other attorneys stated, your mother may have unwanted tax consequences, etc. from gifting all or part of the house to you.

Q: How do I remove my deceased parent's name from deed then add my name?