Q: Father passed away and my mom is still alive but her name isn’t on the deed but my older brother is on the deed.
How do we transfer ownership to my mom, then her children in the future and avoid probate?
A:
IF the facts are correct and complete (HOW was your brother's name 'on the deed'? With full rights of survivorship? Some other way? You need to run this by a licensed attorney!) your BROTHER needs to transfer the house to your mother, and either at the same time or afterward she needs to place the remainder interest of the house into her children's name.
That said ... there are LOTS of 'wrong' ways to do this, and likely only one 'right' way (that will both minimize costs and accomplish the goal, as well as avoid probate if that really is the best way to proceed -- sometimes Probate is the least expensive and most likely to result in a satisfactory end! Don't believe the one trick ponies that ALWAYS recommend avoiding probate -- it is USUALLY the right thing, but then again, a size nine shoe will USUALLY be OK too. If you need a size 15 EEE shoe, or for that matter a size 4AA, I wouldn't recommend it!
Talk to a local licensed estate planning attorney and get YOUR 'feet measured' to be sure you're doing this right!
A:
It depends if your brother will deed the property back to your mother. Based upon your facts, he has an interest in the property now. Deeds are contracts and have legal implications. You need to have a real estate attorney first review the deed you mentioned and then, if necessary, draft the proper conveyance instrument to suit your mother's request.
See www.ProvenResource.com for more information.
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