How can I add my name on sibling’s deed?
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How can I add my name on sibling’s deed?
I’ve been my sibling’s caregiver since he became ill. I have been taking care of him as well as his house for the past 5 years. I don’t want him to lose his home. I have a POA for him. What would I need to do to be able to add my name to his deed or title?
Asked on July 22, 2019 under Real Estate Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If you you have a POA from him which includes power over real estate, you have the same legal authority over his property as he has, and so have the legal power to execute a quitclaim deed of half his interest in the home to yourself; that will put your name on the title and make you half owner.
But if you're looking to protect the house from Medicaid, bear in mind that any transfer must be done more than 5 years before he needs Medicaid; otherwise, Medicaid can set aside transfers to relatives (or to anyone for less than fair market value) occuring less than 5 years before Medicaid is. needed.
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