Legal Question in Real Estate Law in North Carolina


My mother passed in December of 2012. She was the full time care giver to my father, who is blind with a brain injury. He can function and live by himself now but he can't make it outside to walk or drive to get the necessities that he need. So I have become his care giver since moms death. Before my mothers death she had my name put on most all of their cash assets (bank, retirement, etc..). She didn't however put my name (even though she wanted to, but I insisted she didn't need to) on the car that they own outright worth $7K and 2 homes that they own. The homes consist of one mobile home that is permanently installed on an acre lot and is completely paid for. It's value is $90-100K. The other home is a traditionally constructed home which sits on a quater acre in a community, and carries a $50k mortgagee balance. It's value is $180-200k. both homes and car are deeded a in Cabarrus County in NC

Is a "Quit Claim" form the best option for adding my name to the homes? Thanks

Asked on 7/10/13, 7:14 am

1 Answer from Attorneys

Kenneth Love Ken Love Law

Probably not. You need to consult with an estates attorney. To do the quit claim deed, your father will have to deed them to you or you as a POA can do it...this can look very bad to others if you have siblings or others who might inherit. Transferring he home to you with a mortgage on it, also could accelerate the mortgage. The better practice is to have him draw up a will for him to complete.

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Answered on 7/10/13, 7:20 am

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