Can I transfer the title of my father’s home to my daughter so that it won’t be sold to cover his nursing home costs?

My dad and I owned a home jointly. He went to a nursing home and exhausted his finances and was placed on public aide. I was told at the time that since my daughter lived in the home with him and took care of him prior to his placement in the nursing home, they would not collect money form the house until the time at which it would be sold. Can I transfer the title to her; we don’t want to sell the home she still lives in.

Asked on November 1, 2011 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can transfer legal title to your father's partial interest in the home that you are writing about if you have a power of attorney signed by him giving you the power to do so. If not, he will have to sign the deed to transfer the title to your daughter.

Given the situation that you are in and the possibility that your daughter might actually wish to buy out your father's interest in the home, perhaps she can enter into a written agreement to buy it, have transfer of title done and she sign a note secured by a mortgage (trust deed) where she pays so much per month for the home.

I suggest that you consult with a real estate attorney about the situation that you are writing about. Good luck.


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