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Good afternoon. You can avoid probate one of three ways...i) You can create a living trust for your mother and have the property transferred to the living trust. Then when she dies the trust agreement controls and since the property is in the trust, it is not a probate asset. ii) You can put your name on the deed by quit claim deed as a joint tenant with right of survivorship...which causes it to automatically vest in you upon your mother's death. iii) You can transfer the entire property to yourself now and reserve a life estate for your mother which automatically terminates upon her death. Both ii) and iii) are accomplished by quit claim deed which would be signed on mother's behalf as POA, then be witnessed and notarized, and recorded in the Real Property records in the city/county in which the property is located. You have the power to do this under the POA. If there were other heirs, you would have to worry about someone contesting you transferring the property to yourself as a breach of fiduciary duty, but since you are the sole heir and their are legitimate reasons for taking this action, you should be fine.

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I'm so sorry for the delay....afternoon run!

Each of these are mutually exclusive...you would do i) , ii) OR iii). And, yes, the mortgage lien stays with the property...you would not have personal liability, but the lien would remain the same and if your mother's estate was not sufficient to pay it in the event of a foreclosure, you would not have personal liability for any shortfall.

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