I really need some help, ASAP

lowdownndirty

Well-Known Member
thursday moring my father passed away of a heart attack. with no will, friday night my mother had a stroke, and is bleeding in her brain from a tumor,and for some unknowm reason to the doctors is hanging in there for the time.


My mother wants to quick deed the house and estate over to me.

I really need some help, my head is just not working.

Any one willing to help me please
 

BGRANT

Well-Known Member
Holy s#%t buddy. Hang in there. I might be wrong but I don't think your mother can make those decisions without all of her faculties. There might be somebody here on RDC that has some legal knowledge for this sort of thing.
Best wishes for you and your family.
 

Racbaja

Well-Known Member
God how horrible, hang in there friend. I have nothing to offer except a prayer. It's the weekend and most attorneys are off but I did see some internet stuff on TV and all you need is a witness I think.

Ron Plunkett
 

Laurie

Well-Known Member
I would get your video camera out and video her wishes with witness, for instance the nurse. It might not hold up in court but it's better than nothing.

My prayers are with you.
 

kim

Rescue 3
thursday moring my father passed away of a heart attack. with no will, friday night my mother had a stroke, and is bleeding in her brain from a tumor,and for some unknowm reason to the doctors is hanging in there for the time.


My mother wants to quick deed the house and estate over to me.

I really need some help, my head is just not working.

Any one willing to help me please

Please be assured that all of us here on RDC are praying for you and your family.

Kim
 

M.Harvey1600

Well-Known Member
terrible news... hope some knowledgeable people read this post to help u out... Prayers go out to you... hang in there
 
Have your Mother and your "Father" sign a back dated (back a few years ago) "Dresser Drawer Quitclaim Deed" to you or someone else trusted. Go to the county and get it recorded. Is there a loan on the house?

Search for "Dresser Drawer Deeds"

PM me if you need to.
 
Wouldn't there be severe income and property tax consequences if he receives the estate via quit claim rather than inheritance? In the former, I believe the IRS would treat the estate as taxable income, in the latter not.

The op needs two lawyers, one a tax expert.

Condolences.
 

kim

Rescue 3
Let me preface by saying that I am not a lawyer nor have I played one on TV, however these are my thoughts:

Even though your dad did not leave a will it is my understanding that all assets would go directly to your mother as his spouse. I assume they live in CA which is a community property state. Now, the next is your mom.

Do you know anyone who sells or participates in Pre-Paid Legal? If not, get on LegalZoom.com. If you know anyone associated with PPL join NOW, take advantage of the free/low-cost legal advice offered. I would assume you can have a will/living trust made in relatively short order. Have a video camera filming your mom speaking her wishes that are contained in the will/trust. Video her signing the document.

Do you have brothers/sisters you are worried about or just the Gov't?

Also, please send me a PM if you so desire and I will tell you what I did for my dad when he was in a similar situation with his brother.

As I said in an earlier post, you are receiving many prayers from your RDC family. I pray that you find some peace through your heartache.
 

JoeyD23

Well-Known Member
Ihave pre paid legal and I work with a guy who sells it. I can have him set you up on Monday if need be. PM me if so. Our prayers are with you friend. Best of luck.
 

Nick_A

Well-Known Member
I know how it is to have family members pass unexpectedly.:(

You will want a will drawn up, and you might also look into obtaining power of attorney over your mom in the case that you need to carry on business as usual.

As far as backdating, a few years ago real estate was worth alot more then than it is now, so I dont know if the stepped up basis would play a role in determining taxation.

Hopefully there is a CPA/Attorney combo that you can work with that will lead you down the right path.
 
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