Q: My brother is incarcerated and they just sentenced him to 25 years he has land and homes and personal property that he w
Would like to have put in my mom's name how would we go about doing that?
A:
Land and anything permanently attached to the land is transferred by deed. However, if there is a mortgage on the property, transferring it will be a violation of the terms of the loan (Deed of Trust), so mom may have to refinance to get the property transferred. In addition, Mom may incur income tax liability if son tries to merely "give" her the property.
As for personal property, most things can be transferred with a bill of sale. Property which has a title document (such as a car or mobile home) must be transferred by completing the documentation on the back of the title document, and paying the taxes (which are based on the value of the property). This could also result in income tax liability to mom.
The better answer is that son give mom a power of attorney to manage his property. The statutory form for Texas can be found here: https://www.hhs.texas.gov/regulations/forms/advance-directives/statutory-durable-power-attorney-sdpoa
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