
Ask George and Chuck: Proceed with care when attempting to change deed to home
Published 1:17 pm, Thursday, January 11, 2018
Q: I need to have a deed prepared for my mother to sign to convey her property to me. She is very old, and we're trying to avoid the costs of probate. She has a very small estate and we don't want to spend money on lawyers. One lawyer has refused to help us without a lot of additional work. We just need a deed.
A: Not so fast. It violates federal laws to commit fraud on the federal government to get benefits from Medicare, if that's part of your plan, and there may be an issue of fraud on her creditors. It seems simple enough, we know, but a lot of other factors can come into play here. It sounds like you are planning very well, but you do have to look out for the potholes. Spending a little now may save a lot in the future.
Q: What are the new home equity rules for 2018?
A: There are quite a few changes in home equity loans. No new disclosures that we could find, but a new constitutional amendment was voted on in November. One can now make a home equity loan on any agricultural property. Fees are limited to 2 percent of the loan amount. A home equity loan can be converted to a traditional lien after one year. Most think this makes home equity loans a lot more available to Texans.
To send a question visit www.AskGeorge.net and select the "Ask A Question" button. Answers to questions do not contain legal advice. If you wish to obtain legal advice, consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is board certified by the Texas Board of Legal Specialization in residential and commercial real estate law.