Los Angeles, CA asked in Estate Planning for California

Q: we live in California but my mom has a home in Oregon and would like to put my name on the deed but can't go to Oregon

to do it. she has a living will in California but she couldn't put that house on it. and now she doesn't have the money. what can she do?

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3 Lawyer Answers
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: Your mother needs to see an estate planning lawyer because there are tax consequences to transferring real estate to a child during the parent's lifetime, and it's likely your mother needs a Trust, not a Will. But a lawyer cannot say definitively one way or the other without first talking to your mother, and learning both her goals and what assets she has. Best wishes.

Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Knoxville, TN

A: Get a competent OR attorney to search the title, then draft a Deed from her as owner over to you. Deed is sent to you, Mother executes it completely before a Notary as the lawyer advises, then you record it in the appropriate County records. I do not recommend any email recording. Use overnight delivery.

James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In situations like this, your mother could consider executing a deed transferring her Oregon property into joint ownership with you without needing to physically be in Oregon. She can have the deed drafted and notarized in California, then send it to Oregon for recording in the county where the property is located. While this isn't a California law issue per se, it's a fairly common interstate legal procedure, but it's advisable to consult with an Oregon attorney to ensure compliance with Oregon's specific laws and procedures.

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