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David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27689
Experience:  25 years practicing attorney
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My long time lady friend of 13 yrs, shes 96 yrs old and of

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My long time lady friend of 13 yrs, she's 96 yrs old and of very sound mind, is wanting to leave us her house. Well because her son has stolen her life savings of $200,00.00 she doesn't want him to have it. Since he bullies her and tells her he is going to put her in a rest home then take her house she is wanting to put a stop to him even trying. She owns the house, no mortgage. Her husband who passed away 6 months ago left it to her, ond to her only in his will. I'm currently living with her to protect her from her son.
Well since she wants to give us the house, we asked her if she would be willing to sell us the house so things would be finalized before her death. This way I thought it might be more legal and we wouldn't have to fight her son after her death. She refuses to take any money. So my question to you there a way that we can exchange a small amount of money with her to suffice her knowing she is still giving us the house, but to do something that will make it legally ours now? Who do we contact and what do we do?
Dear JACUSTOMER - She can simply create a new deed to the house and add you as a joint tenant with right to survivorship. Then when she passes away the house will pass directly to you outside of the estate or the will. There is no need to pay any money but you can if you wish. Just make certain that everything is in writing. The deed will have to be notarized so I would suggest getting an independent notary who would testify that your friend is mentally competent if the son ever tries to contest the transfer. Any real estate title company can prepare and file the deed at a very reasonable cost. That is the easiest and quickest way to accomplish what you are seeking.
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Customer: replied 4 years ago.

Hi Dave, ok my friend signed and notaried the new grant deed and listed herself and I on it. Me as a joint tenant with right to surviorship. It is a gift.

My question to you is........When she dies I understand I go and fill out a affidated (?) to put my name only, on the deed. Is her son going to have any right to this property even though my name will be the only one on the deed after she passes? I know that you mentioned that everything needs to be in writing "if the son ever tries to contest the transfer". What can we expect to happen if the son does this and what will be his chances of winning?

Thanks, Jeannie

If she is of sound mind then he would have little chance of winning a challenge to the deed. The property will pass directly to you outside of the estate or will and all you will need to the affidavit and certified copy of the death certificate.
David Kennett and 2 other Estate Law Specialists are ready to help you