Monday, 2 February 2015

what if my mom pass away and leaves her house to me,can ceiter take the house or put a lien on it ,and I been living with her in the house

Question

what if my mom pass away and leaves her house to me,can ceiter take the house or put a lien on it ,and I been living with her in the house



Answer

Don't know who ceiter is or why they would be able to take the house. I also don't know who "her" is in reference to - your mother? A sibling?

If you inherit the house from your mother (assuming that all debts of your mother's estate have been paid), why would anyone be able to take the house? No one can put a lien on it unless work is done to improve the property and the workman is not paid (called a mechanics' or materialman's lien).

There are also judgment liens; if someone sued you and obtained a judgment, the judgment would attach to any real or personal property that you own. If you owned the house, then the judgment lien would then attach. However, you would have notice if someone sued you and you would have opportunities to resolve this in some fashion, depending on why you were sued and what was sought.

Do you have any siblings? They may be upset if your mother gives you 100% of the house and gives them nothing of equal value and can contest a will. For that reason, if your mother truly wants you to have the home, it might be better fro her to give it to you now rather than at her death.

If your mother owns the house free and clear, is mentally competent and is alive she can do one of these things:

(1) if she owns the house free and clear and wants to give you the house, she could add you to the deed as joint tenant with right of survivorship; that way, you would inherit the house automatically on death; or

(2) she could convey the house to you now but keep a life estate in the home for herself if she lives there; or

(3) she could make a will and specify in the will that you are to inherit the house.

None of these things should be undertaken lightly and your mother needs to see an estate planning attorney who can discuss the ramifications of these things with her. Anything she does has consequences and she wants to make sure that giving the house to you now will not affect her if she has to apply for Medicaid or if there are any gift tax consequences.



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