I live with my mother who is 79 years old and take care of her. My dad passed away 8 years ago. I have 2 brothers and 2 sisters which all have homes and families of their own. So all of my siblings have said that when my mother passes away that I can live in the house since I don't have a home. That I can do whatever to the house or property but if I decide to sell it that I must split the money with them. My question is what kind of legal form can I fill out so that my name is on the deed along with my mothers so their want be any problems down the road I want everything legal.
to change title to property, you would need to have your mother sign a deed, presumably to both her and you.
that said, given your circumstance, you may wish to consider a trust agreement, so your siblings will feel assured that their interests are protected. the trust agreement would provide for a life estate for your mother and the various terms expressed in your note above, including re-sale.
please note that your mother may have a will, the terms of which are also important to review and consider.
an attorney in your state would be able to provide a more comprehensive and in depth analysis of the best approach.
Licensed in MD and DC only. General answer provided based on limited facts. Please seek your own legal advice.
To accomplish what you want, you need either a will that gives all the heirs an interest in the property so the other heirs can agree to let you remain in the house or add all five children to the deed so they are all owners when your mother passes. If you add only your name, you will likely become the sole owner of the property upon her passing.
You don't "fill out a form;" it's not your property.
Your mother needs to convey the property in her lifetime by deed (late, but possibly still useful for Medicare issues), or to create a trust or will to pass her estate on to her children.
She would be best served by an estate/elder law attorney assisting in this process. Use Avvo or her county's bar association to find one.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
You should consult with an attorney in your area. But you can usually accomplish this by having her convey her interests during her life by a Deed. You may also want to have the attorney review whether or not she has a will in place. And if not it would probably be wise to have one prepared for her in addition to a trust as my colleagues have suggested below. Good luck.
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