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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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My monther wants to put her house in her granddaugther's

Customer Question

My monther wants to put her house in her granddaugther's name thatis going to be in prison for the next 15 to 20 years. Is this leagle I don't think it is wise since my mother is 81. I'm hoping to make her see it' not a good thing to do with her house.
Submitted: 10 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 10 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Generally, yes, it's legal for your mother to put the house in the name of anyone she wants. However, if your daughter is in prison and unable to pay the property taxes the house will be foreclosed (unless your mother intends to keep paying). If your daughter has a restitution judgment against her, the state could put a judgment on the house, so it's also a bad idea for that reason. Your mother won't be able to have homeowner's insurance on the exterior of the building if she's not on the deed - she might want to make sure her insurance company won't cancel her policy if she transfers ownership. And if she's looking ahead toward something like nursing home costs, there's a 5 year look back period, so it's possible that the house could be taken, anyway.

Those are all reasons that transferring the house might be a bad idea, but if you know specifically what your mother is hoping to accomplish by transferring it now, I can try to speak to that more directly.

Expert:  Lucy, Esq. replied 10 months ago.

Also, I don't know what your daughter did, but if it involves property damage or personal injury, she could be sued, and the house could be taken to pay that civil judgment in many states.

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