A couple of questions maybe in one.
Say a party, individual, befriends an old person (whatever) and there is an agreement that the person still living after death of a property owner is to receive the property, [land, house] after death of the old person.
Would the personal representative deed need to be filed before or after death and do both need to sign it and is that all that is required is the one P R deed to receive funds after the sale of the property?
In a case where the old person has no children but wants his or her friend to receive the property, would that be proper law after filing the one deed and nothing else is required?
No, this is not the way it would ever work. There cannot BE a Personal Representative, when the owner is alive. The PR is only appointed by the court, AFTER the person dies. So you would NEVER have a PR deed during someone's lifetime. There are other possible ways to set this up, but the owner of the property needs to go to a lawyer to have it done properly. There are lots of other considerations including possible gift tax and income tax issues, as well as Medicaid qualification. If the older person has family members, there might also be charges of undue influence or elder abuse. All of this can be addressed by the attorney.
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Estate Planning Attorney
What kind of agreement? Is it in writing? Is consideration being offered?
A personal representative deed is one made by the appointed court representative(PR)
of an estate that has been opened after the death of in your case-the old person.
Since the PR has the obligation of fulfilling the wishes of the deceased-the filing of the deed
would complete the job.
The old person should visit there attorney without you being present to avoid any undue influence allegation.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
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Estate Planning Attorney
Your question isn't proper in that you don't understand this aspect of the law. A PR deed cannot be made while the "old person" is still alive. There is no PR until one is appointed by the probate court after the "old person" dies. If the "old person" wants to leave property to you, that person should consult with a local estate planning attorney to do it properly.
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Estate Planning Attorney
Did this "old person" engage in any estate planning? The question you are asking is whether you, as a non-relative, can enforce an agreement after the other party's death. If your "old person" has no estate plan, intestate law will control the distribution of all property. There is some outside chance you could sue in order to enforce a contract wherein your care and consideration created an enforceable contract with the deceased, but that would be exceedingly difficult to do because the other party would not be able to testify to the arrangement and you would have to show that your friendship was for the purpose of this reward (which arguably makes it not friendship at all). This "old person" should engage in estate planning. You can recommend that s/he engage in estate planning but be very careful not to be suggestive of anything, lest you be accused of undue influence and have the whole thing voided anyway. This is a touchy situation. If nothing is done though, intestate law will control which, at least in CA would lead to his parents, brothers, sisters, nieces, and nephews in that order inheriting. If still none, we get to a ridiculous family tree situation!
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