I need to take my mothers name off of her property or become her POA.
Real Estate Attorney
The first issue to address (but don't post related details on this public web site) is whether you need to take the property out of your mother's name because she is no longer competent. If she is not currently competent to convey the property herself, she also is not competent to sign a POA for you to do so. You would need to get appointed as a conservator/guardian by the Probate Court in such an instance if you want to be able to legally change ownership of her property. If there is a different reason for taking property out of her name, there may be other factors involved that need consideration. What you don't want to do is to place yourself in the position of someone claiming that you improperly took your mother's property to avoid other claims by heirs or creditors. That would only get you into hot water you don't need. Talk to an attorney with elder law or probate experience - they will be able to ask you for important facts that don't need to be posted on the internet.
This answer is for general purposes only, and it does not create an attorney-client relationship.
5 lawyers agree
Elder Law Attorney
The first question I would ask is why your mother does not want to own her property anymore? I had a meeting last night where a father signed a deed giving his home to his son almost five years ago. Now, the son has died and left the home to someone else and the father has to move. Medicaid planning is very complicated and giving the home away might not be in your mother's best interests. I suggest you invest in guidance from an experienced elder law attorney. Our firm has worked with over 2,000 families over the past 14+ years. We could even make a home visit to Americus.
3 lawyers agree
Estate Planning Attorney
Without knowing very many details-the POA is the better choice because gifting causes
medicaid look back up to 5 years.
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.
Estate Planning Attorney
Why are you trying to take the property out of your Mother's name. Is it for nursing home planning? The reasoning is very important because the strategy will be different. Any transfer you make leaves your mother's assets available to the nursing home for five years, so it is best to consult an estate planning attorney.
None of the above information is intended to constitute legal advice; rather it is intended to give the consumer sufficient information to determine whether or not they should consult an attorney regarding their legal matter.