I am in receipt of this inquiry from Susan L. from Walled Lake, MI. Back in 2005, Susan and her mother and purchased a small home in Wolverine Lake. They lived in the home together until this year when Susan purchased her own home.
Recently, when Susan was going through some documents, she found that the deed to the home in Wolverine Lake had Susan’s name on it only. It did not name her mother. She now wants to prepare a quit claim deed putting the home entirely in her mother’s name.
First, a quitclaim deed is a legal instrument that is used to transfer interest in real property. When the quitclaim deed is properly completed and executed, it transfers any interest the grantor has in the property to a recipient, called the grantee. Unlike other types of deeds, it does not guarantee that the grantor even owns the property before the they convey their interest.
Second, legal forms such as quit claim deeds are easily available for download on the internet. But just because you can access and fill in a legal form on your own does not mean you should. Doing so without knowing the impact of the deed can have serious legal and financial consequences.
In this case, while deeding a free and clear home back to your mother seems to be the right thing to do, as a real estate and elder care attorney, the transfer of the asset into her name could affect her eligibility for Medicare benefits in the event you mother needs nursing home care at a later date. Specifically, the government looks to a senior’s assets (e.g., money, homes, cars) as a resource that could have been otherwise used to help pay for nursing home care.
Most seniors are trying to get assets out of their name, not have assets placed in their name so that the government does not , let alone a free and clear home.
So placing the property in your mother’s name at her age is not a good idea. There are other ways that you can protect your mother’s ownership interest in the property. But signing a quit claim deed at this juncture is not one of them as it could cost your mother and your family thousands of dollars at a later date.
Remember, only an attorney can give you legal advice on the far reaching consequences of your actions.
I hope you found my answer helpful Susan.
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If you need any further information please feel free to contact me David Soble 888.789.1715 at www.proven resource.com