Is it a legal document If my parents put my name on the deed of their house without my permission or signature?

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Is it a legal document If my parents put my name on the deed of their house without my permission or signature?

They were mistakenly advised to do this to to try and avoid inheritance issues. But I never consented or signed any document of acceptance and wonder if this would be recognized as legal?

Asked on June 29, 2015 under Real Estate Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Putting someone's name on a deed in order to convey a gift is not automatically illegal.  There are different types of deeds, and there is a type of estate planning deed which allows someone to put another person's name on a deed and the property will only pass to that person on the granting person's death. 

If your parents are putting your name on a deed as part of their estate planning... it's okay.  If they are putting you name on a deed trying to encumber you such that you would be liable for a mortgage or other debt on the property, then this is not legal because it's an attempt to bind some illegal to an obligation they have not accepted. 

To really know what kind of deed they used and it's effect (short term and long term) on you, take a copy of th deed to an attorney that specializes in estate planning.  If they see the actual document, they can provide you more specific input.


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