How does my mother add my name to her deed?

Q: What is the right of survivorship on a gift deed?

The right of survivorship on a gift deed means that if one owner passes away, the surviving owner automatically inherits the deceased owner's share of the property. This arrangement avoids probate, allowing for a smoother transfer of ownership. It's important to specify this right in the deed to ensure it is legally recognized.

Full question:

My Mom is the sole name on her deed for property that is paid in full. She wants to add my name to the deed and also make it a sole survivorship deed. How does she do this and is a lawyer necessary or can this be handled at the court house with or without a notarized statement. I will be moving in to help take care of her. In an addition, I will have to be added to accommodate my family and still provide her some privacy. We will need to place a mortgage on the home to accommodate this. Since I will be paying the mortgage my name must be on deed. My Mom has no problem with this. Please advise step by step instructions if possible.

Category: Real Property
Subcategory: Deeds
Date: 04/07/2025
State: Alabama

Answer:

A person may transfer a deed from her name to the name of herself and another individual without an attorney. A warranty deed contains certain promises about the clear nature of the title, and that there are no undisclosed claims on the property. A quit claim deed makes no such assurances, and transfers the title subject to whatever claims may exist. Family members often use a quit claim deed when there are no issues regarding ownership or claims on the property.

A deed must be filled out with the appropriate information and signed by the person making the transfer. It must be signed in front of a notary and notarized. The completed deed must then be filed at the county recorder's office in the county where the property is located. Any applicable taxes and filing fees must be paid. I suggest calling the county recorder's office, as fees and filing procedures vary by office.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the disadvantages of adding someone to a deed?

Adding someone to a deed can have several disadvantages. It may expose the property to the new owner's creditors, meaning if they face financial issues, the property could be at risk. Additionally, both owners must agree on any decisions regarding the property, which can lead to disputes. If one owner passes away, the other may inherit the property outright, which could complicate estate planning. Finally, transferring ownership can have tax implications, such as gift taxes. It's essential to weigh these factors before proceeding.

What does adding someone to the deed mean?

Adding someone to a deed means that you are legally transferring a portion of ownership of the property to that person. This can be done through a warranty or quitclaim deed. The new owner gains rights to the property, including the ability to live in it, sell it, or use it as collateral. It's a significant legal change that can impact ownership rights and responsibilities.

What is the right of survivorship on a gift deed?

What happens when two people are on a deed and one dies?

When two people are on a deed and one dies, the outcome depends on how the deed is structured. If it includes a right of survivorship, the surviving owner automatically receives full ownership of the property. If there is no right of survivorship, the deceased's share may go through probate, and their heirs may inherit it according to their will or state law.

What does it mean when someone puts you on the deed?

When someone puts you on the deed, it means they are transferring a portion of their ownership rights in the property to you. This gives you legal rights to the property, including the ability to live in it, sell it, or borrow against it. It's a significant decision that can affect both parties' financial and legal responsibilities.

Does a survivorship deed override a will?

Yes, a survivorship deed generally overrides a will concerning the property it covers. If a property is held with a right of survivorship, the surviving owner automatically inherits the deceased owner's share, regardless of what the will states. This means the property does not go through probate and is not subject to the terms of the will.