My father is 92. My mother passed away last year. The deed for house, no mortgage, is in both their names tenants in common with right of sponsorship. Per his will, my sister and I are equal beneficiaries for the property. The house has been my primary residence for over 40 years and she has no interest in property or real value.
Can a quit claim deed be filed to transfer ownership to my name. Also, can it be effective upon his death ?
What additional property issues must be addressed?
You mentioned that your parents owned the house as "tenants in common" and I'm assuming that you meant to say "right of survivorship." Tenants in common is not compatible with a right of survivorship, so meeting with an attorney who can give you an accurate explanation of the current situation is your first step.
When the current status is clearly understood, your question about whether your father can transfer the home to you without needing a probate of your mother's estate can be addressed.
Your father must also consider his current health, and future needs for long term care. Federal Medicaid law provides a caregiver child exemption for transfers of a person's residence, whenever the child has provided 2 years of care that saved the person from needing a nursing home admission.
https://www.law.cornell.edu/uscode/text/42/1396p
42 U.S. Code § 1396p(c)(2)(A)(iv)
So, if a physician can certify that you lived in your father's home for a period of at least two years immediately before the date the your father becomes an institutionalized individual, and that you provided care to such individual which permitted such individual to reside at home rather than in such an institution or facility, your father could transfer the house to you, and still be eligible for Medicaid.
Your questions about filing a deed that is effective at death requires your father to decide whether he wants to keep a life interest in the home.
After talking with an elder law - estate planning attorney in your state, your father will be able to make well informed decisions about the succession plan for the family residence.
Second - this is an example of why you really, really need to talk to a lawyer about this property issue, give him this information, and possibly copies of your father's paperwork, and ask him for advice and assistance. Real estate laws vary considerably from state to state, and property transfers after the death of the owner can be especially tricky. Sometimes the best thing is to transfer the property before death, with your father having a right to live there until he dies, but only a lawyer who knows all the details can answer your question. If you cannot afford a lawyer, check to see if there is any agency or firm that might be able to help you for free or for a reduced cost or make some other reasonable arrangement to help you answer your questions. Sometimes a law school in your state may have a clinic, or know of someplace that can help you.
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