D EAR HARRY: My mother is 91 years old and not in good health. She suffered a stroke two years ago and cannot fend for herself. She still lives in her own home with my brother, who is 65 and single. He takes excellent care of her. When mother passes, my siblings and I want to make sure that the home passes to our brother who has been caring for her. We feel that it's only fair. What is the best way to ensure that this happens?
Harry Gross: How to ensure Mom's house goes to brother?
WHAT HARRY SAYS: A tip of the many Gross hats to your wonderful family! Unfortunately, in many families that are similarly situated, there is often some toad unwilling to give up "his inheritance" and participate in the plan. If your mother is still lucid, the title can easily be changed to have both names on it "with full rights of survivorship." Almost any real-estate broker or lawyer should be able to do this at a modest cost. A problem arises if she is not mentally aware. Here, you will need a lawyer in order to get a guardian appointed to accomplish the change. This is not a complex legal action, but it will cost quite a bit more than a simple title change. I do not recommend this one, but you could also wait until her death and then have each of you waive his rights to the property. There's the risk of one of you predeceasing her, which creates further problems.
Email Harry Gross at harrygross@phillynews.com or write to him at Harry Gross c/o the Daily News, Box 8263, Philadelphia, PA 19101.
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