If my mother is in a nursing home and I have the right of survivorship to the property, can she legally sign it over to me?

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If my mother is in a nursing home and I have the right of survivorship to the property, can she legally sign it over to me?

My mother is in nursing care and before she went into the home after her stroke, she had a quit claim deed and survivorship to the property done for us. I would like to be able to have her sign her rights away to the property (it is paid off) so I can sell it and relocate for a better job. However, someone said that the nursing home or state can stake a claim on the property or she can lose her Medicaid.

Asked on March 17, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would let matters stay as they are with the property you are writing about. If the parcel is held in joint tenancy with the right of survivorship and your mother passes before you, you inherit the parcel in its entirety with a partial stepped up basis for tax purposes.

The inheritance will not need to be probated as a matter of law and the nursing home most likely will be unable to make a claim against it for any money owed it. Rather than sell the property, perhaps renting it out is an option to generate some income? I suggest that you consult with a real estate attorney about your matter further.

Assuming your mother is competent by her treating physician to make an informed decision, she can transfer her interest in it to you. However, this could create some tax consequences for her.


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