QUESTION

What do I need to get a deed transfer for a house?

Asked on Oct 23rd, 2015 on Real Estate - California
More details to this question:
My mother is sick and we want to be able to be in control of her property incase anything happens to her. 
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Please do NOT use a deed. What you need is a durable power of attorney. The state legislature has enacted two, one for financial decisions and one for healthcare decisions. The financial one lets the person choose which financial decisions to give to the other person. For example, she could choose to allow the person to make decisions about real estate and not give that person control of her bank accounts. She could either not give that power to anyone or give different powers to different people. Google California durable power of attorney. Both forms will come up. The form must be signed and notarized by a notary public. There are notaries who will come to her home. Your mother should also have revocable living trust to avoid probate. Probate takes forever, is expensive, and is annoying. She should set up a trust, and put all her property, especially any real property, into the trust. Since it is revocable, she can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Dana Sack      
Answered on Nov 19th, 2015 at 9:43 AM

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