I currently live in and pay the mortgage on her condo. It is in her name and no will is in place. I have complete FPOA and wish to remain in the home after she passes away. There are no other siblings or family who would contest my having the home. I need advice on how to best get the condo into my name either before or after she passes. I know it will be more complicated after and would like to have it set up before. I can make the mort payments without difficulty and would like make sure I do not lose my home of 10+ years. Thank you all for your help in advance.
So you may well be able to inherit the house with no lien AFTER Mom dies. Otherwise, as others have said, it is considered a gift your mother is giving to you. Big Trouble.
This is complex enough that consulting an Elder Law attorney is worthwhile.
With no Will, the assets will go into Probate and the Probate Judge will decide who gets what as per State law if there are other immediate heirs.
Since your Mom is on Medicaid, I wouldn't be surprised if Medicaid has a lien already placed on the condo. Medicaid would like to be reimbursed for the money they spent on taking care of your Mother. Otherwise, it would be the taxpayers footing the bill. There are exceptions where a grown child can keep the house, you would need to check with Medicaid.
If Medicaid wasn't part of the situation, one major draw back of putting your name onto a Deed is that when it comes time to sell the condo, you could be faced with Capital Gain taxes. This happens because the bases used to calculate the taxes goes all the way back to when your Mom bought the condo. If you inherit the condo, then the bases would be the value of the condo on the day you inherited.