Is that true that my house is part of her assets? 24 Answers as of January 22, 2014

My mother signed her home over to me a year and half ago. She recently passed away.

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Durkin Law, P.C.
Durkin Law, P.C. | Roger Durkin
Depends. If she was in a nursing home... there is a five year look back. Meaning that YES, the state may have a lien on the home. When, as, and if you sell it, you will need a sign off by the State Revenue Dept.
Answer Applies to: Massachusetts
Replied: 1/22/2014
LAW OFFICES OF JAMES F. MALINOWSKI
LAW OFFICES OF JAMES F. MALINOWSKI | JAMES F. MALINOWSKI
If she transferred the property to you, it is no longer her property and is not considered her asset. It is necessary that the transfer was made by way of a properly executed deed, usually a quit claim deed.
Answer Applies to: Michigan
Replied: 1/17/2014
James Oberholtzer, Attorney at Law
James Oberholtzer, Attorney at Law | James Oberholtzer
It is in her estate only if there was a lien on it or the transfer to you was improper.
Answer Applies to: Oregon
Replied: 1/16/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
If by signed over you mean a properly recorded deed, the property is yours, not hers.
Answer Applies to: California
Replied: 1/17/2014
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
The house is part of her estate for federal estate tax purposes. If she gave you the house though (executed a deed transferring ownership to just you) that was a completed gift, and the house is yours. Another family member might want to sue you for undue influence or under some other theory that the transfer was not intended to be a gift.
Answer Applies to: Oregon
Replied: 1/17/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    It depends upon how she "signed it over" .
    Answer Applies to: Michigan
    Replied: 1/17/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Then the residence is yours and not part of her estate.
    Answer Applies to: California
    Replied: 1/17/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    It depends. Is it for estate tax purposes? Are their capacity issues? How is/was title held? You should speak with an attorney in the State where your mother owned the property. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
    Answer Applies to: Nevada
    Replied: 1/17/2014
    Law Offices of Frances Headley | Frances Headley
    The house should not be one of her assets so long as the transfer to you was done properly. You should consult a probate/real estate attorney to review the paperwork and advise you.
    Answer Applies to: California
    Replied: 1/16/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    If she gave you a deed and you recorded it, then the house is already yours and not a part of her estate.
    Answer Applies to: California
    Replied: 1/16/2014
    The Curran Law Firm
    The Curran Law Firm | Maura Curran
    The only assets of your mothers estate are those in her name. If the house is deeded to you and your mother is not named on the deed, then it is not part of her estate. The attorney for the PR knows what is part of the estate and can assist you with this information.
    Answer Applies to: Florida
    Replied: 1/16/2014
    James Law Group
    James Law Group | Christine James
    It would not be part of her estate if the transfer to you was a valid transfer.
    Answer Applies to: California
    Replied: 1/16/2014
    Gates' Law, PLLC | Thomas E. Gates
    No, if the deed is in your name only, it is not in her estate and, thus not assets.
    Answer Applies to: Washington
    Replied: 1/16/2014
    Law Office of Peatsa C. Wallace | Peatsa C. Wallace
    First, I am sorry for your loss. I really need more information to give you a complete answer. However, if your mother deeded her house to you 18 months ago before her death, it is most likely that the property will not be considered part of her assets or estate.
    Answer Applies to: Georgia
    Replied: 1/16/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Determine whether or not the transfer was drafted, executed and recorded correctly. You may wish to have the document(s) reviewed by a probate attorney and discuss your concerns.
    Answer Applies to: California
    Replied: 1/16/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    If the house was deeded to you and the deed was recorded then the house belongs to you and not be included in her state. On the other hand if there's a claim that you exerted undue influence upon her, the personal representative may be able to get the property back into the states if you did exert on doing stunts.
    Answer Applies to: Idaho
    Replied: 1/16/2014
    Frederick & Frederick PLC | James P Frederick
    MUCH more information is needed. Apparently, someone is claiming that your mother's home should be included in her estate. Who is claiming this and on what basis? If the deed transferred ownership to you, (assuming your mother had capacity to do so and there was no undue influence), the burden would be on any party trying to prove that this was improper. Without more information, it is hard to provide a more complete answer.
    Answer Applies to: Michigan
    Replied: 1/16/2014
    Kirby G. Moss PC | Kirby G. Moss
    If she properly deeded the house to you a year and a half ago, then the house should be yours and not part of her assets.
    Answer Applies to: Indiana
    Replied: 1/16/2014
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    When you say that your mother signed her home over to you a year and a half ago, I am assuming that she did this by a deed. The deed could be a quit claim deed or a general warranty deed. If it was done this way, then you should own the property and it should not be part of her estate. Please check to see if the deed has been recorded. If the deed has not been recorded, then there is no public knowledge that she has made the transfer to you.
    Answer Applies to: Missouri
    Replied: 1/16/2014
    James M. Chandler | James M. Chandler
    If she deeded it to you it is not part of her estate.
    Answer Applies to: California
    Replied: 1/16/2014
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    It could be true, however, you have not supplied sufficient facts for any opinion. Go and visit an attorney who specializes in estate administration for further assistance.
    Answer Applies to: Colorado
    Replied: 1/16/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If your mother properly transferred ownership of the house to you before she died then the house is outside of her estate. It may be that creditors of your mother have liens against the house, in which case, the liens remain on the house and will burden the property and forcing you to satisfy the liens to clear title.
    Answer Applies to: Illinois
    Replied: 1/16/2014
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    If your mother signed her home over to you, the home is no longer one of her assets. You need to make sure that the deed which he signed to turn the house over to you was properly recorded in the Recorder of Deeds Office in the County where the property is located.
    Answer Applies to: Missouri
    Replied: 1/16/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    It would all depend on how the deed is recorded where she signed the house over to you. If she kept herself on the deed (to maintain her homestead status) and she signed it over as tenants in common which would mean that you each owned equal shares of the home then her share would be a part of her assets; of if it was with a right to survivorship then no the home would not be a part of her assets because as soon as she passed away the property would become yours fully. If she signed the property over to you without herself on the deed at all then no the home would not be a part of her assets.
    Answer Applies to: Florida
    Replied: 1/16/2014
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