If I own a farm jointly with my Mother but she has been deemed incompetent due to being in late stages of Alzheimers, how do I change the deed to my name only?

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If I own a farm jointly with my Mother but she has been deemed incompetent due to being in late stages of Alzheimers, how do I change the deed to my name only?

I have full POA.

Asked on July 11, 2012 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Legally you cannot change the deed to your jointly owned farm with your mother at this time due to the fact that she is deemed incompetent and as such she cannot legally sign a deed transferring her interest in the farm to you.

If you have a broad power of attorney for your mother that she already signed and such allows for the transfer of real property, I would advise against doing such. I suggest that you get a copy of the deed to the property you jointly own with your mother and consult with a real estate attorney. If you have a copy of her Will or trust, you should bring it also.

Potentially, if the property is in joint tenancy with the right of survivorship, you will end up owning its entirety by operation of law assuming she passes before you.


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