My 77 year old mom lives in her own home. My husband thinks I should transfer her house into my name for financial reasons. My mom doesn't care what I do. I'm just wondering what the benefits and draw-backs to this would be for my mother and to myself as well.
Also, I have tried to find the deed to the house but without any luck. Any advice on who I would need to contact to get a copy of the deed|?
Thanks.
DO NOT TRANSFER ANYTHING ON YOUR OWN W/O LEGAL ADVICE.
AN ELDER CARE ATTORNEY WILL MOST LIKELY RECOMMEND A TRUST.
YOUR MOTHER WOULD NEEF TO APPEAR COMPETENT 2 THE ATTORNEY 2 SIGN
ANY LEGAL DOCUMENTS.
IF THE TRUST IS THE ANSWER, THE DEED WILL HAVE 2 B RE-RECORDED IN THE
NAME OF THE TRUST SO DON'T BOTHER GETTING A COPY UNTIL YOU KNOW
WHAT THE ATTORNEY ADVISES.
First - regarding the house paperwork, look about for the annual tax assessor statement sent to your mom. It will state the current assessor value on the property. Usually It would have been in Oct/Nov for taxes due in January. The form is mucho importante as it has the legal description of the property...like Parcel # 126-876.003. This is kinda the key to finding paperwork on the property as it gets recorded by parcel rather than address. In most counties you can go on-line to get the legal filings on property and it is very low cost to do so. BUT most assessor database go back maybe only 10 years, so if the last legal on the property was before that you will have to go to the courthouse and do a research request. It could take a couple of weeks too. Some places charge for this too. Could take a few days or several weeks. If you can;t find the tax statement, go thru mom's checkbook and maybe she wrote the tax bill # on her check. This just makes the courthouse work much easier for all.
Second - what is the vision for your mom, the house, her health?? At 77 she is very young and if she has no real health issues could live another 20 years! Does she want to stay in live in the house for the next decade plus? Or is she ill and likely to need skilled nursing care in the very near future? Medicaid look back is a full 5 years so although you can't predict the future, you can plan depending on health, age and attitude (hers & yours)
Third - the house in your name. I'm assuming you & DH have your own home and have a good solid relationship & finances. House in your name means that you are now saddled with all payments (taxes, insurance, yardwork, repairs) and responsibilities on the house. It's yours and your purse. Also the whole capital gains situation like Wyndie said. Also you have no homestead exemption on the home as you have your home with your DH too. Now mom could stay in the home and pay you rent and her rent could cover all costs & build a nest egg for repairs. If you do that you should have a clear contract on that with your mom (especially if you have siblings or PIA cousins). What I have found is the idea of having momma's house is somewhat fantasy land with alot of emotion to the house you all grew up in. Then the reality of a new water heater, roof replacement, increase in insurance, etc changes the fantasy and your siblings or DH are not there to pitch in physically or financially. It's your house and your problem to solve. And with your mom being young, you could be in this for years & years & years. If the house is in a marginal area or old with significant delayed repairs, there may be alot of expenses that your mom ignored and now you have to $$ deal with.
If it were me & mom was in good shape & wanted to stay in the house & DH was pressing on this, I would put the property in an LLC (if your state does real estate specific LLC's, then that) and have you and your children (her grandchildren) as the directors on the LLC with you as the registered agent for the LLC. I'd do whatever to make sure that mom stayed in the home for a full 6 years from now (2018) before it got sold. Then sell it when mom is ready to move to IL and use the proceeds from the sale to pay for whatever her SS and retirement is short for her IL (or, AL, NH); pay in full for her funeral & burial and other things that are costly (like dental work). And for fun, you as the registered agent for the LLC can do an annual or semi-annual meeting for mom, your DH and all family at mom's favorite restaurant which is a legit expense. Good luck and see an attorney.