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Arland, Home Owner in Austin, TX

What is the easiest, most economical way to get my 87 year old mother's name off the deed? She will still live here but doesn't want her

Asked by Arland, Austin, TX Mon Sep 26, 2011

name on deed.

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9
Please keep in mind that removing her name from the deed will mean no more over 65 exemption and her real estate taxes will increase substantially.

You might want to speak with an estate attorney. If you need a reference, don't hesitate to contact me.
Gina Nyland
Web Reference: http://www.nylandteam.com
1 vote Thank Flag Link Tue Sep 27, 2011
Arland,

you can't get someone's name "removed" from a deed as this would present obvious issues in the chain of title. To transfer title to another party your mother would need to execute a special (or general) warranty deed that transfers all your mother's rights, title and interests in the property to the other party. Consult with legal counsel to have the deed drafted properly. A quit claim will not accomplish this as this type of document is not recognized by title companies in Texas.
Web Reference: http://www.phgbrokers.com
1 vote Thank Flag Link Mon Sep 26, 2011
Arland,

I agree with the comments made by Guy Gimenez in using a General (or Special) Warranty Deed to transfer the ownership of the property to yourself, or to those who would be in-line to be the heirs of the property. Multiple ownership by heirs is its own headache, but maybe you don't have that situation. Additionally you should consult with your CPA and / or a Real Estate Attorney about tax consequences (if any). Also transfer of ownership carries advantages (after a waiting period) when dealing with rest homes or nursing homes for elderly relatives.
I would be happy to discuss further with you on a face to face basis.

Bill Friedrich
512-517-2961
0 votes Thank Flag Link Tue Sep 27, 2011
Jim or Patti Arnold of Arnold and Assoc. have always been very helpful to me. Their office number is472-8000.
0 votes Thank Flag Link Tue Sep 27, 2011
Contact David Komie of Komie & Morrow. You can call 512-338-0900 or visit http://komieandmorrow.com/

They offer 24/7 live online chat if you have questions or need a consultation.

Good luck!

Doug Vogelsass
0 votes Thank Flag Link Tue Sep 27, 2011
Never ever use a quit claim deed in Texas.
All attorneys and title companies I've worked with don't recognize these.

You want to do it the right way.
0 votes Thank Flag Link Tue Sep 27, 2011
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
There's a couple of things you need to do.
1. Is contact her CPA and check the tax consequences....
2. Check with her family attorney about will/inheritance/taxes
3. Then contact a title company to accomplish this.

If there is a mortgage on the home, you might not be able to do this.
My thought as a non CPA or attorney is that it might be best to put it in a trust.

Why does she no longer want her name on the deed?
Web Reference: http://www.teamlynn.com
0 votes Thank Flag Link Tue Sep 27, 2011
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
Your mother cannot simply remove her name from a deed. She needs to transfer the property to someone. Who will that be?
Why does she want to do this? Is it for financial reasons?
She needs professional advice. A consultation with a real estate attorney is what I suggest.
0 votes Thank Flag Link Mon Sep 26, 2011
Quit Claim Deed. Contact a licenced real estate attorney.
Web Reference: http://www.cyndibell.com
0 votes Thank Flag Link Mon Sep 26, 2011
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