Mom's Name on Deed, Remove or Not?

PLAY · December 8

Hi there...my mother is in Stage 5 of Dementia and lives with me. Both of our names are on the Deed to the house...can anyone lend advice if I should take her name off the Deed? Somewhere down the line I have been told that if she does need to go into a nursing home, they could take the house.

cdgbdr · December 8

We just removed my DH from the deed to our home in anticipation of potential future needs. We are in Ohio.

SusanB-dil · December 9

You should check with a CLEC (elder lawyer) to be sure. They can best tell you what the implications are for your state.

sandwichone123 · December 9

What type of professional do you talk to about changing the deed? I asked my lawyer and she told me a title professional, but they told me a lawyer.

Emily 123 · December 9

Hi and welcome,

I too would check with a elder law attorney. If someone else is her POA then they'd need to be involved as well.

harshedbuzz · December 9

I would check with an elder law attorney.

My cousin had a similar situation with my grandmother. She, her husband and grandmother bought a home together. Grandmother provided the downpayment from the sale of her more modest home and cousin/spouse paid the mortgage, taxes and insurance. She developed Parkinson's and had to go into care after about 10 years. It was really messy, and cousin made mistakes that could have delayed her Medicaid acceptance. A CELA was able to sort it out for them. I don't recall if they bought grandmother out or if they were able to keep her share under the 2-year caregiving loophole.

In their case, up to 1/3 of the value of the home would have been used to reimburse the state for the cost of her care funded by Medicaid. Things may be different where you live.

HB

eaglemom · December 9

As others have suggested, you need to speak with an elder care attorney. In situations like this, they have the best advice.

eagle

MaryEllenDaughter · December 9

Is she on title 19? Check with a lawyer because it can affect title 19 benefits to do stuff like this. We are going through this with the car.

PLAY · December 9

Thank you everyone! I made an appointment to talk with an Elder Law Attorney.

Victoriaredux · December 10

https://alzconnected.org/discussion/comment/230769#Comment_230769

Good move - there are medicaid, gift taxes, capital gains, property taxes , inheritance issues to be considered. This is too important an issue to punt. Banks, escrow companies can tell you HOW to make changes that work for their systems but NOT whether that is the best option for your specific family's issues.

Also, if something happened to you - do you have your legal papers in order to have someone step in for you - you & your Mom both need a backup. The lawyer can advise .

eaglemom · December 10

This is excellent news. And good advice for all of us to consider. Personally we have everything in place, but there is something I want to change, but for some reason I'm dragging my feet in doing so. This is just the push I've need to make me make the call. Thanks.

eagle

Mom's Name on Deed, Remove or Not?

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