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Question

Have a parents that are very poor will eventually be put in a nursing home. My dad has alzhiemsers and my mom is of sound mind at the time. Both are 75 and verterens. The state will have to pick up the bill for the nusing home, as this is what happen to my grandmother. The State of Oklahoma will make them sell their house to pay the first part of the bill, although I believe my mom will be able to retain the house until she has to be put in a nursing home. My question is, can we transfer the home using a quick claim deed to myself or my brother to keep the state from forcing us to liquidate the house? Can we just add my brother or myself to the deed and have joint ownership to keep the state from forcing us to liquidating. I understand that we have to have this done two years prior to being able to have any State assistannce.

Submitted: 183 days and 12 hours ago.
Category: Legal
Value: $36
Status: CLOSED
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Optional Information

Quick claim deed., Oklahoma

Already Tried:
We have been told from other people that have gone through something similar to do a quick claim deed. This would help to keep it from going to probate after my parents pass away. Were not talking about a huge estate, but my brother and I have shelled out a lot of money taking care of them the best we can and would like to keep the house after they are gone. My fear is that I don’t all the options.

Drew Wall

Posted by Tina G, BBA, JD 183 days and 12 hours ago.

Answer

Thank you for contacting our JA team for guidance.

 

If the home is owned jointly by your mother and father, and your father is not of sound mind, someone needs to obtain power of attorney to sign for him--perhaps your mother. Once POA is obtained, the property can be quitclaim deeded to whomever they want, while retaining a life estate in the property.

 

Adding individuals to the title will not accomplish the objective in this situation.


Please let me know if you need additional information.

 

Best regards,

TG

 

 

Please press the "accept" button so I may be credited for my time when I have answered your question. I am available to answer follow-up questions or to clarify this answer. Thank You.

183 days and 12 hours ago.

Reply

So let me know if I'm getting this right, the quick claim takes there name off the title, and put my brothers or I's on it with ownership? We would have to have say the home insurance and property taxes in our name? How do we handle the POA, would there have to be a hearing or is there a simple way of handling this? Thanks for the quick response.

Accepted Answer

POA is not as easy to obtain once an individual is incompetent as you describe your father to be. Whomever is attempting to obtain POA, must petition the local court for guardianship or POA and the court would have to grant the petition after a competency hearing. You would need a family law attorney to represent whomever petitions the court.

 

Once this is done, a quitclaim deed merely passes title of whatever your parents own to whomever they deed it to. I suggested the retention of a life estate for your mother and father so they can continue to live there the rest of their lives if practical. There should be an agreement indicating who is responsible for the insurance, taxes, utilities, etc. while at least one of your parents continues to reside in the home. You should have a property law attorney assist you with this.

 

All the best to you and your family.

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Expert: Tina G, BBA, JD
Pos. Feedback: 99.1 %
Accepts: 1898
Answered: 5/9/2009

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licensed attorney for 11 years including employment, business, contract, domestic, and general civil

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