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My mom is in advanced stages of cancer (approx 1 month to live), still coherent but not expected to stay coherent much longer.

Venice, FL |

Does not have substantial assets ; just the family home valued around 70000 and an RV valued at 22000 both have liens and basically no equity . Family in agreement ; daughter getting house with mtg and son getting RV w / loan . Is there a simple form we can complete to assure ownership transfers or would we need an elder care attorney . All of her other property has been divided and accounted for . Nothing is being contested . Thank you in advance for your help .

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Attorney answers 6

Best Answer
Posted

When you say "family in agreement," it sounds like everyone - your mother included - agree with this distribution of the property. If this is the case, there are at least three options:

1) surrender the property to the lien holders. If you're "upside down" on the loans and don't want to keep the property, this is a good option.
2) If you want to keep the RV and the house, then you may want to either create a trust to manage these assets or,
3) Make a will devising the house and RV; but you may need to discuss transferring the financing with the lenders.

The difficulty here is the financing, not the transfer of the property.

Posted

The family has no righto be I agreement at this stage. The assets are the property of your mother and she has the right to distribute those assets in any manner she sees fit. Absent a will, the items will then be distributed per intestate succession. At that point, your family can agree on whatever they want.

Hiring an estate planner to talk to her, explain her rights, and allow her to make her own decision is a good way to go.

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

Asker

Posted

I phrased that incorrectly, the family is aware of her wishes and respects them. Is there a quick claim deed or other simplified form we can use. My mom lives in one town in Fl but is seeking treatment in another, due to terrible care. She has an elder care lawyer here, but she never dotted the i's and crossed the t's. Being as the 2 children are aware of her circumstances, we are just trying to give her some peace of mind. Until she takes her last breath everything is in her control. She is in Jacksonville, more specifically the Middleburg area, and I would want an attorney to go meet with her as opposed to her traveling. We went through a similar situation 3 yrs ago w/my dad, and I am aware urgency is key as she is still in control; I want her wishes carried out.

Matthew Erik Johnson

Matthew Erik Johnson

Posted

Your family would be smarter to, again, talk with an estate planner. Unfortunately nothing is so simple. For tax purposes, you would be better suited to allow the property to pass through probate after your mother passes. Then you would receive a step-up in the tax basis of the home - an extremely valuable bonus of probate. You are smart to use attorneys, but the benefit is not only for your mother, but also for you to learn the system and maximize her inheritance. This time around, probate may be more challenging than your father's, as taxes and certain assets pass uniquely when a surviving spouse passes. Good opportunity to learn the system. Not the best of circumstances to have all of this thrust upon your family, but beneficial in SO many ways once you learn the game of taxes, property, money - and the interplay between them.

Brittany Green Gloersen

Brittany Green Gloersen

Posted

Mr. Johnson has given you very good advice. The best thing to do is to have an estate planning attorney meet with your mother.

Posted

Your mother needs to meet with an estate planning attorney. He or she can draft and execute estate planning documents that distribute your mother's property the way she desires. Without a Will in place, the property will pass pursuant to the intestacy statutes.

Posted

I agree with my colleagues. You would be best served to have your mother consult with an estate planning attorney. There are a number of issues that need to be addressed, possibly including a durable power of attorney for your mother, in case she DOES become incapacitated. You also want to try to arrange things to avoid the need for probate, upon your mother's death. There are a number of ways to do this. You need a qualified attorney to help you determine which way is best to achieve your mother's objectives.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Posted

First, the liens take priority over any transfer you would do at this date. Why would you and your brother want to assume liability that can and would be erased when your mom passes? I don't know what state you are in, but I would call the banks and tell them your mother is deceased and where would they like the keys delivered. Take the heirlooms that have no value to the banks and put them in your house before your mom dies as gifts. If you want to KEEP the house, then consult with an estate planning attorney and put the house into a trust. Change the title on the home to your mom's trust while she is alive. Keep the payments current. Make sure the daughter is the beneficiary of the house/trust. Keep payments current and the bank will likely not know the difference. When you want to sell, then you will have the power over the transactions as the successor Trustee. Like the other attorneys here are saying, this can get complicated. Go see a certified elder law specialist or an estate planning attorney who has practiced for about twenty years. My sense, however, is that you should let the property go and keep the memories.

Posted

I'm sorry to hear about your mom. I know this is gut-wrenching for all of you.

I often use what I call a Probate Avoidance deed to keep real property out of probate. It is an enhanced life estate that allows the owner to name beneficiaries right on the deed. Your mother can speak to the finance company about the RV and let them know what she wants to do with it. If they agree to transfer the financing, then they might allow her to add the new owner's name to the title.

dennis@411financial.com

Dennis Phillips is an attorney and financial planner based in South Florida. He is a member of the Florida bar, he holds the nation-wide Series 65 Investment Advisor license, and holds an insurance license in Florida and Virginia. Disclaimer: The response above is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, would significantly alter the above response.