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He won't see an attorney, the house is in his name with my deceased mother's name as well. He said I can have the house but won't change title. No help from sibling. What do I do?
Not quite following. Are you trying to sell the house before his death? Or make sure you inherit it? Has he also told your sibling(s) that you are going to receive the house? What does his will say?
Mrsbill, it is much better for you to receive the house if you are listed in the Will to get the house then to be joint owners on a Deed.
The reason being is Capital Gains Tax. If you inherit the house, when the time comes to sell the house, then the capital gains tax base will be the value of the house on the day that Dad passed.
If you change the Deed to joint ownership, when the time comes to sell the house, then the capital gains tax base goes all the way back to when your Dad had bought the house. If Dad had owned the house for many decades, there could be a hefty tax.
Also, if your name is placed on the Deed that could be considered a "gift", thus the IRS may have your Dad pay a Gift Tax.
Curious why you are so anxious about having the Deed changed. Are you thinking that maybe Dad didn't put into his Will that only you get the house?
You might be better off getting a Transfer on Death (TOD) deed. It is a deed specifying a beneficiary when the homeowners passes. You would not be an "owner" of the home until he dies. Also, if you get your name on the deed now, you might be required to pay full property tax as any exemptions he might have could be voided with you as a joint owner. My aunt is leaving me her home and we did a TOD and I'm specified in her will. If I were to get on the deed now, property taxes on the home would triple. If you don't do anything though and he passes without a will or TOD, his estate will go to probate and it can take years to clear everything up. It took another family member of mine 2 years to get thru probate to sell a loved ones home. I'd speak with a real estate attorney and even get your dad involved so he can be explained the hardship he could be putting you and siblings thru by not addressing this. Good luck!
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
The reason being is Capital Gains Tax. If you inherit the house, when the time comes to sell the house, then the capital gains tax base will be the value of the house on the day that Dad passed.
If you change the Deed to joint ownership, when the time comes to sell the house, then the capital gains tax base goes all the way back to when your Dad had bought the house. If Dad had owned the house for many decades, there could be a hefty tax.
Also, if your name is placed on the Deed that could be considered a "gift", thus the IRS may have your Dad pay a Gift Tax.
Curious why you are so anxious about having the Deed changed. Are you thinking that maybe Dad didn't put into his Will that only you get the house?