Legal Question in Real Estate Law in Arizona
Deed of Real Property
I am my Mothers' Court appointed Guardian/Conservator. I need to know how to go about petitioning the court to have my Mothers' house put into my name. She got divorced last year and her ex-husbands name is on the Deed. The reason I need it to be in my name is so that no one can take it away from her while she is still alive.
3 Answers from Attorneys
Re: Deed of Real Property
Get professional advice before putting the house in your name. It may be best to leave it in her name because you could jeopardize potential Medicaid benefits and you will lose the benefit of a stepped-up basis if the property is inherited.
Re: Deed of Real Property
You need to help her get her ex-husband's name off the deed. The court is not going to approve of her giving the house to you.
Re: Deed of Real Property
You should get advice and counsel regarding your duties and obligations as Guardian and Conservator. You are guardian of your mother's person and conservator of your mother's estate. As such, you have a duty to act only in the best interests of your mother, and not to engage in any act that could be considered a conflict of interest, or prefering your own interests over those of your mother. There are severe penalties for violating your duties, even the potential loss of your inheritance. As guardian/conservator, you are entitled to have legal counsel and the conservatorship should pay for that legal counsel, not you personally. To be sure that nobody complains, you can go to court and get court approval to retain a lawyer and get counsel.