Mum wants to transfer house deeds to myself after dad has died.. best way to do it for her?

p00hsticks

welshlad46 said:

So what would you recommend be done… or what is the best solution. As i have said i hope no one thinks this is on me as i really dont want it, as far as im concerned it is her house and she can do as she pleases with it. She just wants it protected as she said she has worked all her life to have that house 

The best solution is really to leave it as it is. There is no need to mention the property specifically in the will if she is leaving everything to you anyhow - as others have pointed out, it's not usually advisable to mention specific properties in a will in case you move house or sell up before you die and don't get round to updating the will.

welshlad46

She just wants me to have it when she dies. She is grieving from loosing her husband of 45 years.

elsien

welshlad46 said:

She just wants me to have it when she dies. She is grieving from loosing her husband of 45 years.

She is indeed, as are you. And this is usually not a great time to be making big decisions. Maybe suggest she put it on the back burner for now till you’re both a bit more up to speed on any implications.

But as keep pedalling said, giving it to you (aside from all the other issues) does basically remove her long term security because we none of us know what is round the corner. So if you can persuade her to wait and think about it more you’d be doing her a huge favour.

Slithery

welshlad46 said:

She just wants me to have it when she dies.

Unfortunately that's not her decision to make. She has no way of knowing if she'll still own the property when she does pass away.

Keep_pedalling

welshlad46 said:

She just wants me to have it when she dies. She is grieving from loosing her husband of 45 years.

It is very difficult time for her and probably not the time for to make such financial decisions, and it also places you in a difficult position. 

I think you somehow need get her to agree to put this on the back burner until she has had some time to grieve her loss. 

sevenhills

welshlad46 said:

My mum and dad have always said that they “bought the house for me” over the years and when dad finished work a few years ago he payed the mortgage off.

So if that was your Dads wishes, 50% of the house should be in your name already?

That would please your Mum.

theoretica

The tax situation is much better if you inherit it than are given it now.

Is it the house which is important, and she thinks you would keep it, or is it the value that is important and she thinks you would probably sell it when you inherit?  Because the best way to preserve the *house* would be for you to tell her you would pay for care should she need it (whether she has put the house in your name or not).  But if she wants to feel she is giving you the maximum value that might not help her emotionally. 

But the ultimate answer is that people only leave as inheritance what they have not needed, or wanted, to spend in their lifetime - and the government wrote the rules to make it hard for people to be supported by the tax payer so that they can give more away to other people as inheritance.

user1977

welshlad46 said:

I am unsure who told her but I think she wanted the house done outside of the WILL people ( as said i do apologise but we are both very un knowledgeable in these areas ). The WILL people did keep asking why she didnt want it in there but she just told them she was sorting it 

Are you sure that's what the Will says? i.e. it deals with her whole estate but specifically not the house, and is completely silent about what's meant to happen to it? That sounds...odd. 

Silvertabby

user1977 said:

welshlad46 said:

I am unsure who told her but I think she wanted the house done outside of the WILL people ( as said i do apologise but we are both very un knowledgeable in these areas ). The WILL people did keep asking why she didnt want it in there but she just told them she was sorting it 

Are you sure that's what the Will says? i.e. it deals with her whole estate but specifically not the house, and is completely silent about what's meant to happen to it? That sounds...odd. 

Not really, if the will says that the entire estate is to go to her daughter.

I'm sure there was a case some years ago, in which someone was extremely property rich but cash poor.  Her will specified that "1 Acacia Avenue" was left to her child, with cash savings to go to X charity.

Then she want into a nursing home, and the house was sold to pay for her care.  On her death, the legacy to her child failed, as "1 Acacia Avenue" was no longer her property to leave, and the cash - including the remaining proceeds of the house sale - went to the charity.

p00hsticks

user1977 said:

welshlad46 said:

I am unsure who told her but I think she wanted the house done outside of the WILL people ( as said i do apologise but we are both very un knowledgeable in these areas ). The WILL people did keep asking why she didnt want it in there but she just told them she was sorting it 

Are you sure that's what the Will says? i.e. it deals with her whole estate but specifically not the house, and is completely silent about what's meant to happen to it? That sounds...odd. 

no it doesn't - as others have said, unless there is a specific need for the property to be treated separately from the rest of the estate (for example, if you want to allow someone to continue to live in it after your death but it to eventually go to someone else) which isn't the case here, then it's usually best not to mention the property so that it is just included in with the rest of the estate.