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None of use can afford a lawyer, unfortunately. Mom has a will, and her health is failing. This is what she wants and I am fine with it. I spend time with and look after Mom daily, and she keeps saying she will be gone by Christmas (?!). It worries us both. We have considered a codicil, but don't know if that will work. Can they just go to the courthouse and add it onto the deed? The problem is, probate will take 6 months we are told. Neither of us can afford to pay the utilities or property taxes. I am permanently disabled, so am on fixed income. My sister had to ask Mom for a loan because the loans and credit bills were eating her family income up. They took out a loan against Mom's paid for home, and she is making payments regularly. Can anyone tell us step-by-step how to proceed?

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Unfortunately, you really do need a lawyer. Maybe the local council on aging can put you in touch with one? The loan on your mother's house may have been taken to pay your sister's bills, and your sister may be repaying it, but -- unless your sister is already on the mortgage and title, the loan was taken by your mother, and will be due when the house is sold. I believe that the language you need requires that a new title be issued. At the very least, try calling a title and settlements company and see if the title can be switched, even with this encumbrance of the mortgage on it.
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Changing deeds without a lawyer sounds troublesome.
Step: 1: Call your State Capital, ask for Department of Aging, ask them for an agency, department, or ask them to refer you to a lawyer that can help you for no charge. You will likely find there is probably a couple of govermental departments that might refer you to retired attorneys group, or attorneys that handles probono cases. Call your "County" or "Township" ask if they have a Department of Aging, or legal help.
Since you have a computer do your homework.
Adding a daughter that is "married and with debts" on a title might open a whole can of worms to consider. A few to consider:
1.) The house might be considered marital property in a divorce proceeding.
2.) The house might be considered an asset in any leans, lawsuits.
3.) The daughter might loose the step up value of the house when the house is sold.
4.) Anyone's names on the deed might make that person or family "more responcible for taxes, utilitites, upkeep, and general liability etc.
Of couse each state handles issues differently, so getting some legal cousel might save you money at the end of the day.
The title agency should not probably be the first call, consult an attorney first.
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If your mom is the only person on title to the property, she will need to sign a deed that transfers the property to her and your sister. If anyone else currently is on title with your mom, that person would also need to sign. There is no form that will do this. It would need to be a deed that is recorded in the county records where the property is located.
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Give a hug is correct.
Contact Department of Aging, tell them you are perminently disabled with little or no disposable money.
When you speak to an attorney:
1.)Ask the attorney if you should put the house into a "Irrevocable Family Protective Trust".
2.) Ask him about the 5 year look back rule, and ask yourself if your mother will last 5 years.
3.) Ask him about a "Special Needs Trust".
4.) Ask him about a "Blood Trust".
Dont do this alone, find a trusted attorney.
Your orginal question does not have great detail and I am sure there is more to your situation than you may realize..ie:dimentia.
Maybe tell the attorney you could do some of the calls or some paperwork to make things cheaper? Ask him/her.
Good Luck.
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Thank you for your advice. My sister's loan was $25K, and Mom's house is (rather was before the housing crisis) appraised at 10 times that. My home is paid off, so it seems like the right thing to do. My sister insists I go with them so the person they meet with won't think she is trying to cheat me out of my half the house. She doesn't use a computer at all, never has, so I have to do the research and ask questions. I'll call a title company tomorrow.
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Wow. I had no idea. Lawsuits and leins really struck me. Medical bills and two mortgages are doing my sister and her husband in. Maybe it is not the way to go. Mom has dementia/Alzheimer's, so I worry an attorney wouldn't let her make changes anyway. She is the executor of Mom's will, as I lived out of state until 7 years ago.I spend almost every day with Mom, so know it is what she wants. Everything is to be divided equally between us per the will. My own health is poor, and the stress is making everything worse. I want to make sure my sister and her family are OK financially.
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Hi Fordellcastle,

I'm so very sorry for everything you're going through. I wish I could give you a real hug!!! I like the suggestion above about contacting the Department of Aging. Perhaps they could get you in touch with a lawyer that can help pro bono (for no charge) for difficult situations like this. Do you know anyone who is an attorney that might know one who knows elder law? Hang in there and try to take care of yourself as best you can. It's not easy to do that, but you are worth it.

Sending great big hugs,
Helen
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