Posted by Frank Chin on October 11, 2005 at 18:16:22:
Greg:
Does your mom in law have siblings, or children??
I have a lady who works in my office, also same situation as you. She paid taxes on her the relative’s home for 20 or so years. The relative is also inacapaciated.
But the relative has children, and siblings, and they said not so fast, and got an attorney. She was also challeged to prove she paid for 20 years. She doesn’t keep records going back that far.
Besides, if the mom in law is incapacitated, she’s not competent to make decisions anyway, and a guardian would have to be appointed.
So, what’s the big rush?? Then, there’s the complication with medicare, if they’re covering the bills, and they have a 3 year look back. If they find out assets are sold while they’re paying, there could be further trouble.
What is the best way to have land deeded over to you when the owner is in a nursing home. Here is how it goes. My mom inlaw gets the land, but her mom is incapacitated. My mom inlaw has been paying taxes for 20+ years.
if the owner of record is incapacitated (in the legal sense, and not in the layman’s sense), there are only two ways to effectively transfer title: (a) by power of attorney, if the owner executed one before losing capacity, or (b) via a court-appointed conservator. This method requires lawyers, guns and money.
Otherwise, you must wait until the owner dies, and move the property via the probate process. But if you are not the beneficiary, don’t expect any gifts or bargains.