Q: I need advise on transferring a home deed into my name.
The deed is in my dad name with moms being second. Dad passed in 1980. Mom is 83 and had lived in the home since his passing but never dropped his name from the deed. Dad left no will. Mom has a will with me as POA. How and what do I need to do to get this deed tranfered into my name before she passes?
A: The first step would be to transfer your father's 50% community property interest to your mother. At this point, she could do this with an Affidavit of Heirship recorded in the county deed records.
It is not clear that your mother should transfer the home to anyone while she is alive. Doing so could make her ineligible for Medicaid for years. On the other hand, she could record a Transfer on Death or Lady Bird Deed transferring the home on her death and avoid both probate and Medicaid Estate Recovery.
Nina Whitehurst agrees with this answer
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