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How to file a "quit claim deed" - do I need an attorney?

Tahlequah, OK |

My mom is in frail health in a local nursing home and I am her son & legal guardian of her person and estate.. Now that dad is terminal, he wants to put their house in my name. I am his only caregiver. He has already put me on the bank accounts, as he is no longer able to write checks and pay bills so I can do that for him. He has transferred the car titles to me as well. He wants to put their house in my name, so I can look after the house and property and take care of things for mom after he has passed. I was told I could download the forms for this online and file it at the courthouse. It's a small home, they have no "estate". Or do I need an attorney to do this? Funds are limited due to household & medical bills; is there a free site where I can download these forms?

My moms nursing home bills are covered by a nursing home insurance policy that she took out long ago, so dad doesn't have to worry about making sure her bills are paid there. Dad has his hospital bills all added into one account that we pay on monthly, and this should be paid in full by September. He is now a hospice patient and will not be going back to the hospital for any treatment. A friend mentioned that if dad put the house in my name, it would look like some type of fraud to the hospital or something like that. This is not our intention at all; all nursing home and hospital bills are paid as soon as possible. I just don't want someone to think I'm trying to take advantage of my dad. Doing all this is strictly his idea, not mine. We just want to make sure that we're doing this the right way and the legal way. Dad is worried about what would happen to the house and all of their belongings after he dies, since mom is in the nursing home and can't live here.

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Attorney answers 1


You, the guardian, have a fiduciary duty to your mother, your ward. That means that you must put her ahead of yourself. Generally, you will not be allowed to give property in which the ward has an interest to yourself. Further, you will not be able to transfer property out of your mother's name without following the statutory procedure for sale of real property from a guardianship. Even if you were to file the proposed deed, you would not receive clear title and would not be able to sell the property at actual value due to the title issue that would be created when you skipped the statutory process required when transferring real property out of a guardianship,

This is Not a situation that you can reasonably expect to handle without legal assistance. The problems created will exceed any possible value you receive.