QUESTION

How do we add a co-owner on to deed of property?

Asked on Jun 28th, 2019 on Estate Planning - Texas
More details to this question:
My Mother is sole owner of the house we both are currently dwelling. She would like to add my name to the deed as a co-owner of property. I am her daughter. I need to know the steps to take. I've looked into it. I don't fully understand the difference of a "Quit Claim Deed" or a "Grant Deed." Do I need a lawyer or am I able to do this myself? We live in San Antonio, TX 78227. I am already on will to inherit the home upon my Mother's death. We just feel it would be easier to already have my name on deed.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Bad idea:  inherit the house subject to Medicaid Estate Recovery and, if your mother needs a lot of nursing home care paid for by Medicaid, get little or nothing. Worse idea:  hire a lawyer to draft a deed from your mother granting you an interest in the house "with right of survivorship" and, if your mother needs to apply for Medicaid for nursing home or home health care (Star + Plus Waiver), both be charged with Medicaid fraud and, at a minimum, have to deed it back (both the Bexar County DA and the Texas AG could get involved) Better idea:  hire a lawyer to draft and record a revocable General Warranty Deed Reserving an Extended Life Estate (a/k/a "Lady Bird Deed") from your mother to you or let your mother sign and record a revocable Transfer on Death Deed (www.texaslegalhelp.org) transferring the home to you on her death and free of Medicaid Estate Recovery.  In Texas, Medicaid can only recover from the probate estate.  If the deed transfers on death, the home never becomes part of the probate estate.
Answered on Jun 29th, 2019 at 5:23 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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