Trying to find the right and cheapest way to but my husband on his mom’s house. I don’t know if we should make a trust for the house or change the deed. I really don’t know what way to go. Mom has dementia and bipolar. She want to has us get the house without probate.
ANSWER BY MARGARET CROSS-BELIVEAU:
Having dementia doesn’t mean that one is incompetent. However, if your husband is not an only child, transferring the house solely to him is highly questionable. Whether you change the deed or use a trust, either will avoid probate. We usually do not recommend that our clients add family members directly to their deeds. Please see yesterday’s post as to one of the reasons why. Be wary of creating a disqualification period for her for Medicaid. It sounds as if she may not make it through the five year look back period with her health.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The elder law attorneys at the Beliveau Law Group provide legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.