My mother recently got sick and is leaving me with her house, she decided to gift the house but the process seems to be taking forever, it's been 2 weeks since she filed it with her attorney but still no word from her on the progress. I'm just wondering how long this is suppose to take or if she even did this gifting at all.
Steve D
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Too many unanswered questions to give an exact answer. Start with - does your mother own the house outright (no mortgage). If so, that makes the process easier. Next, is there a co-owner that has not been cleared (did your father pass earlier and your mother did not bother recording the deed solely in her name)? This can cloud the title which will delay the recording. Are you getting title insurance? If so, that can extend the time while a title search is performed. Has the lawyer talked to your mother about the best ways to transfer title (a living trust, etc.)? if they are having this talk, that can delay things.
And finally to respond to Anonymous's comment about clawbacks, if your mother goes into a nursing home, she will have two options - pay out of pocket or use Medicaid. If she uses Medicaid to pay for the nursing home, they can and will do a lookback for 5 years and any assets transferred within those five years (such as the house) will be confiscated and sold to help cover the costs of the nursing home.
loanmasterone
Though this is not good estate planning, on the part of your mother.
Also you and her should have had this change of ownership done through a local title company. A title company is able to insure a title deed and would prevent potential legal damages in the future. A title company would make sure the deed is properly recorded.
An attorney is not able to insure a title deed at all.
Normally it take a day to walk this gift deed into the county reorder's office. It would normally take about 7 work days for the recorder's office to record the deed.
You might want to check with the county clerk's office to see if the deed has been properly recorded. You might also inquire as to how you would be able to obtain a certified copy of the deed with your name listed on the deed and the cost to obtain this deed.
Some counties have placed the owners of property on the county web site. You might want to check with the county web site to see if the deed has been recorded.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
?
As long as the property is free and clear of any loans or liens it shouldn't take long. You will possibly have gift tax to pay based on the current property value, so I hope you are prepared. You can not assume her mortgage if the property is financed. Good Luck
Anonymous
As soon as the deed is recorded, it's done.
I hope she isn't gifting you the house in order to prevent sale for government subsidized medical or nursing care. If that's the case, don't count your chickens before they hatch. They can force sale of the home even if it's in YOUR name. It's not legal for her to hide assets. I'm sure someone will be along to tell you how many years it is before the house is not subject to forced sale. Two? Three? I forget...
Jack
!!!!!!!!!!!!FYI!!!!!!!!!!!!!!!
It is nearly almost ALWAYS a mistake to gift real property to a child!!
The FAR BETTER way to do this is through a will or a revocable trust - - in which case you inherit the property after she passes.
I won't go into the details here, but if she gifts the property to you while she is living, you will likely incur MUCH higher taxes when you sell the property than if she left the property to you in her estate.