Can I transfer the title of my father’s home to my daughter so that it won’t be sold to cover his nursing home costs?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I transfer the title of my father’s home to my daughter so that it won’t be sold to cover his nursing home costs?
My dad and I owned a home jointly. He went to a nursing home and exhausted his finances and was placed on public aide. I was told at the time that since my daughter lived in the home with him and took care of him prior to his placement in the nursing home, they would not collect money form the house until the time at which it would be sold. Can I transfer the title to her; we don’t want to sell the home she still lives in.
Asked on November 1, 2011 under Real Estate Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can transfer legal title to your father's partial interest in the home that you are writing about if you have a power of attorney signed by him giving you the power to do so. If not, he will have to sign the deed to transfer the title to your daughter.
Given the situation that you are in and the possibility that your daughter might actually wish to buy out your father's interest in the home, perhaps she can enter into a written agreement to buy it, have transfer of title done and she sign a note secured by a mortgage (trust deed) where she pays so much per month for the home.
I suggest that you consult with a real estate attorney about the situation that you are writing about. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.