How can my mom transfer me a house from her name to my name?
May 20, 2013 7:30 AM   Subscribe

My mom and I want to transfer her house to me, her son as cheaply and quickly as possible. We live in Columbus Ohio Franklin county if that helps. I'd prefer not to have to pay a lawyer or whatever but I will if it's necessary to get it done quickly. Having it completed within 10 days would be great, is this possible? and how do we do it? websites, phone numbers, etc. would be helpful!
posted by crawltopslow to Law & Government (10 answers total) 3 users marked this as a favorite
 
You do a Quitclaim Deed.

Yes, you should get a lawyer to do it correctly. But it shouldn't be very expensive. A couple hundred dollars at the most. (If you don't have a couple hundred dollars, you don't have enough money to own a house.)

We did it in Kentucky and it was a one page document.
posted by Ruthless Bunny at 7:34 AM on May 20, 2013 [3 favorites]


I'd prefer not to have to pay a lawyer or whatever but I will if it's necessary to get it done quickly.

Quickly? Maybe. Correctly? Yes.
posted by Inspector.Gadget at 7:45 AM on May 20, 2013 [2 favorites]


IAAL, IANYL, TINLA, etc. Quitclaim deeds in my jurisdiction are very easy to figure out how to complete. They probably do need to be completed properly, however, and the requirements for them to be properly recorded need to be observed. You can probably talk to a realtor and pay them a few bucks to help get it done properly, and notarized, etc.

As to why you are doing this, you may want to consult with a lawyer. Some of the reasons that people transfer property to others who did not buy it can land the recipient in hot water, can cause the transaction to be undone, etc. The lawyer, at least, will understand the "why" and can help you figure out whether it's as good an idea as it might seem, then help you do it once they've helped determine there's no downside, or at least a downside you can live with.

You may also want to talk to your accountant for the possible tax consequences to you.
posted by Hylas at 7:48 AM on May 20, 2013 [13 favorites]


Deeds and the proper filing of them can be tricky. Counties often have their own protocols. Ask around for a good local attorney and it should cost no more than a couple of hundred.
posted by readery at 7:49 AM on May 20, 2013


Caveat...Beware the Medicaid lookback. If your Mom anticipates needing to transition to, for instance, managed care, in the next five years and will need Medicaid, that house will be considered a gift to you and the value will count against her benefits.
posted by Thorzdad at 7:55 AM on May 20, 2013 [11 favorites]


You may also want to talk to your accountant for the possible tax consequences to you.
This.

Does she own the home free/clear ? (no liens, no mortgage, no home equity loans etc etc ? Are you sure ? ) If not, some of those can create awful hassles.
posted by k5.user at 8:26 AM on May 20, 2013 [1 favorite]


So how do I find a lawyer who specializes in this? And can I get a ballpark figure on how long should I expect it to take?
posted by crawltopslow at 10:05 AM on May 20, 2013


Any local family lawyer should do this. Ask around, go in and see him/her.
posted by Ruthless Bunny at 10:12 AM on May 20, 2013


As to why you are doing this, you may want to consult with a lawyer.

This too. Seriously.
posted by jeffamaphone at 10:14 AM on May 20, 2013 [2 favorites]


The MetaFilter Wiki has a page on finding legal assistance.

The one legal clinic I am aware of in the Columbus area is the Capital University Legal Clinic. Their services are targeted for individuals who otherwise could not afford legal assistance, so you may not qualify. They may be able to refer you to another organization, though.

I will nth the recommendation for legal assistance in this... fast will be no consolation if you find yourself in a legal morass later on.

Hope everything goes well.
posted by 1367 at 12:35 PM on May 20, 2013


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