QUESTION
What documents are needed so my uncle can sign over deeds of his house to me?
Asked on Feb 19th, 2014 on Estate Planning - Michigan
More details to this question:
My uncle is wanting to sign his house over to me since he is about to be going into a nursing home. I have looked for his deed to his house, but have come up empty. I have also been down to the County Clerks office, but became overwhelmed with what they wanted me to look up. I was wondering what, if any, way can we get this process completed?
16 ANSWERS
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Get me the address, and we can prepare the deed and preliminary change of ownership report.
Answered on Feb 25th, 2014 at 4:45 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You should learn about Medicaid, before your uncle makes the gift to you. If he decides to go ahead, all he needs to do is have a new deed drafted. Usually, this is a bad idea, and your uncle should speak with a lawyer before going through with it.
Answered on Feb 21st, 2014 at 3:23 PM
2 Awards
You cannot do anything. Your uncle needs to see an attorney and discuss what he is trying to accomplish. Transferring the property to you may trigger tax consequences and look back periods for MediCal. It is not something you just do, your uncle needs legal advise.
Answered on Feb 21st, 2014 at 3:22 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If your uncle is expecting to receive government assistance while at the nursing home transferring his home to you without full consideration will likely prohibit or delay that assistance. The prior deed is useful for the information it contains but is not essential. All that is needed to transfer the property is for your uncle to sign a new deed in the presence of a notary public able to acknowledge his signature and then recording the deed with the county recorder. Transfer tax stamps may be required.
Answered on Feb 21st, 2014 at 3:22 PM
The County Clerk should be able to assist you in finding the last deed into your uncle. You could ask a title company. For a modest fee they may help you. Or hire an attorney. They probably will not charge you much for a simple deed.
Answered on Feb 21st, 2014 at 3:22 PM
You probably should retain an attorney to do this for your uncle. Checking the title and doing the deed.
Answered on Feb 21st, 2014 at 3:21 PM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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This may be the worst thing he does. If he needs Medicaid the transfer of the house will disqualify him for Medicaid for a period of time. Medicaid looks back 5 years for all transfers. Further, if he owns the home and qualifies for Medicaid he could lose the home from estate recovery. I cannot stress enough that he needs to see an expert elder law attorney such as myself. There are many ways to protect his assets and get him great care.
Answered on Feb 21st, 2014 at 3:21 PM
Thomas Edward Gates
You need a Quit Claim Deed. Your uncle would be the grantor and you would be the grantee. If you are doing this to qualify him for aid, the look back period is 3 years, so this would count against him. You will also have to taxes to the IRS. Only $14K can be gifted to an individual each year.
Answered on Feb 21st, 2014 at 3:21 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you seek the service of a probate estate planning lawyer for advice and assistance ion the use of the correct documents to transfer property.
Answered on Feb 21st, 2014 at 3:19 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need a deed with the proper legal description. I don't know about where you live, but I can go to the Recorder's office here with an address and they will print out the deed to the property for me for a couple of dollars. However, if he is doing this to be eligible for Medicaid, it may not do what he wants since there is a five-year look back period.
Answered on Feb 21st, 2014 at 3:18 PM
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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He should contact counsel to prepare and file the necessary deed. There could be a few concerns, one of which is if there money owed and it could be due under the due on sale clause.
Answered on Feb 21st, 2014 at 3:18 PM
Edwin K. Niles
Do-it-yourself brain surgery? Why not get a lawyer, or at least a real estate professional to do it? That way you know it's done correctly. Any real estate pro or title company can provide a copy of his deed.
Answered on Feb 21st, 2014 at 3:18 PM
3 Awards
This should NOT be done without his consulting an elder law attorney. If he is transferring his home he will not qualify for Medicaid. Please have him speak with an attorney who is experienced in these matters. It can have dire consequences for him!
Answered on Feb 21st, 2014 at 3:17 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You need to slow this one down, a bit. Whether your uncle can (or should) do this depends on a lot of facts which are not included in your summary. He should visit with an elder law attorney to make sure that he is not setting himself (and/or you) up for a world of grief. There may be ways to accomplish what he would like to do that would not involve problems down the road. Much depends on his other assets and whether he will ever need to qualify for Medicaid.
Answered on Feb 21st, 2014 at 3:16 PM
Your uncle needs to consult with an attorney specializing in elder law before he transfers anything to you.
Answered on Feb 21st, 2014 at 3:16 PM
If you are absolutely certain your uncle has title you can simply have him sign a grant deed over to you. You will want a proper legal description and your signatures must be notarized.
Answered on Feb 21st, 2014 at 3:16 PM