Q: My Dad is in nursing home and mom has 3 months to live (cancer) and wants to gift house to her brother. Can she do that

A: Probably not if the property is Homestead Property. A surviving spouse has rights to a Homestead Property unless a prenuptial or postnuptial agreement is signed. As a general rule, a parent is able to leave their assets including a home to whomever they wish as long as there is no surviving spouse and or children under 18. Here it sounds like there are adult children and a surviving spouse potentially that may come into play. In addition, it is best to inherit a property as you inherit at the value on the date of death rather than what the original basis may have been, furthermore, and even more important, gifting the home away may impact qualifying for government benefits if the property is not kept as homestead. Usually, the best solution is to do proper estate planning and or do something with the deed along the lines of an enhanced life estate deed (ladybird deed). I would strongly advise estate planning considerations. I also point out, making changes at this late time if there is doubt about mental capacity and undue influence, any changes and or transfers could be challenged by disgruntled siblings/beneficiaries so there is a lot going on and a lot to weigh and consider. It is not likely your mom can gift the property if it is homestead and or your dad is on the deed of any property without his input and signature in agreement if he is mentally able and has capacity.