Question:
My father passed away and my mom is the only one alive. How can I add my wife to the deed or title so that when my mom passes my wife will be the owner?
Response:
Your mother can execute a deed adding your wife as a joint tenant. (Of course, she might want to add you as a joint tenant as well.) First, make sure that title to the property is clearly in your mother’s name. She will probably have to record a death certificate for your father at the registry of deeds and your state may or may not have other requirements.
Second, your mother needs to consider whether she’s ready to give up control. If your and your wife’s names are on the house, she can’t sell or mortgage it without your cooperation. Should your mother require nursing home care, transferring an ownership interest could cause her to ineligible for Medicaid coverage for the subsequent five years. In addition, it could cause the house to be subject to claim should you or your wife run into financial difficulties or marital problems. A revocable trust or life estate would both provide your mother with more protection.
