I am an only child. My dad died 34 years ago. I care for my 91 year old mom who still lives in her own home 10 minutes away from me. I would like to have my name added to her home using a quit claim deed. Can I do this as POA? I am the only heir and it is in her will for me to inherit her home. I want to be added so that I am considered an owner of the property. She lives near a middle school. A couple of middle school girls have started bothering my mom and trespassing on her property and getting into her pool. I was told by the police that I cannot call police to make kids leave since I am not the owner of the property if my mom tells them it is ok to swim. My mom tells me that she did not tell them they could use her pool. (but she may have told them and just forgotten it but she tells me she does not want them in her pool)
So I thought being added as an owner may help with that situation plus help avoid probate after she passes. Again, I am the only heir.
You may be doing this primarily with the good intention of having more leverage to get rid of the troublesome teenagers, but there is no escaping the fact that you would be benefiting immediately and financially from this use of your DPOA. That's an absolute no-no.
Why not speak to the girls yourself?
This happened with the lake access at one of the local lakes. A guy jumped the fence, accessed the lake privileges for owners only site, dove off a raft and injured himself. Then he sued all the members.
The Court held he was trespassing, had no right to use the beach, nor had he any expectation of causal activities because he had no legal justification being on the beach in the first place.
1. Put up "no trespassing" signs. No swimming signs, too.
2. Close the pool. And if your mother or you don't use it, drain it and tarp over it.
3. Add fencing to the perimeter of the property.
I don't believe adding your name (self-dealing?) to the quit claim deed is appropriate, or would be valid.
4. Your profile doesn't indicate your mother's mental status. If she's still capable of deciding she doesn't want them in her pool, why doesn't she convey title to the 2 of you, equally, which would allow title to pass directly to you on her death?
5. If the kids claim they were authorized by your mother to use the pool, make them document it...day, time, and specifically what she said. Do it one at a time so they can't make up stories together.
6. You really should take some preventative action though, b/c pools can be a liability. And that may give you leverage with the girls, AND their parents. Review your mother's homeowner's policy and see if there are any exceptions for liability of someone injured or drowning in the pool. This is NOT something to which you or your mother should be exposed.
I would probably send a certified letter to the parents, signed by your mother, or better yet by an attorney, and with a copy to the PD, advising them that their daughters cannot enter on the property or in the pool b/c of liability issues. Complicate the issue by stating that you are giving notice that "defense will be tendered to the parents" if the girls are injured, or cause any injury. That should shake them up enough to keep the girls out of the pool.
A Ring doorbell with sound would capture whether the kids actually rang her doorbell and asked to use the pool or not, and could be connected to your smart phone so that you can have audio/visual contact with them right at the door. Contacting the kids' parents requires finding out who the kids are and if they won't divulge their home address or parent's mobiles, you won't be able to follow-up. Also, make sure you inform the local police that your mom has memory issues and for now she is still in her home, that she won't remember what she told them but you, as her legal PoA, have decided that NO ONE is to go into the pool without your expressed permission — for safety reasons.
Here's how it works using my parents' house as an example --
Say Mom bought that house in 1968 for $45,000. Her cost basis (an important term to remember) is $45k.
Fast forward to today, and that house is worth $2 million (yeah, it's California). If your mother was to sell that house, she'd have to pay capital gains taxes on the difference between $2 million and the $45k she paid for it. ($1,955,000!) That's a ton of of money.
By quitclaiming yourself to the deed (which I don't think you can do as POA anyway), you would assume Mom's cost basis of $45K, and you'd be the one socked for taxes when you sold that house. Trust me, you don't want that. If you inherit the house instead, your cost basis is the value of the house on the day Mom dies ($2,000,000). You'd only pay tax on whatever you got for it above that amount.
The only thing that changes some of that is if Mom and Dad owned that house together and Dad died, leaving Mom the sole owner. Her new cost basis would be the value of the house the day Dad passed away, and that's the basis you'd get if you were quitclaimed. You'd pay tax on the difference between that amount and what you sell for. It's ALWAYS better to inherit instead.
Anyway, the point is moot, because as I said, I don't think you can do that as POA. Your job is to protect Mom's finances, not enrich yourself at her expense. I realize you're the only child, but it doesn't change your responsibilities.
Your issue is trespassing. I disagree with the police that you can't complain on Mom's behalf. I'd call the station and speak to a supervisor as your mother's POA and point out she's a vulnerable adult. Put up the signs others have suggested, and obviously the pool should be gated and locked at all times.
Do NOT drain the pool, as that can actually cause issues with the foundation of your house. Draining and not replacing that space with fill dirt is a recipe for disaster.
My area would never allow an unsecured pool, nor would my homeowner's insurance. Is there really no fence? I would think that some new no trespassing signs would be useful in discouraging fence climbers. Maybe add a ring doorbell or some strategically placed animal repellent sprinklers.
If you insist on pursuing the quit claim deed, your POA would need to specifically allow you to make gifts to yourself.
Be aware that there will be a number of tax and other financial consequences from any gift.
- Required to file a gift tax return (probably no actual tax) for your Mother for the year of transfer.
- Lose the capital gains exemption on your share for owner occupied property if you sell during your mother's lifetime.
- Lose the step up in basis on your share so that you owe more in capital gains taxes if you inherit and sell the property.
- Possible property tax reassessment or loss of senior exemptions.
- Liability and creditor exposure of your Mother's home to your creditors. You should have a liability umbrella policy for yourself.
- Liability exposure for people injured on your Mother's property to you. Your Mother should also have a liability umbrella.
- Loss of possible Medicaid eligibility for gift during the look back period.
Many of these issues may be mitigated by purchasing a minimal percentage of her home for full market value.
Does she use the pool herself? If she is considering getting rid of it, have a look at https://deckover.com/