Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I am 45 years old, I have lived in my mother’s house for 15 years, it is paid for. She wants to quick deed it to me. How do we do this, do we need a lawyer?”
Question: A deed is a lot like a contract. In theory, anybody can draft one, and you are not legally required to have a lawyer do it for you. But in practice, for anything important, it’s a good idea to get a lawyer involved. In addition to making sure that the document itself is in proper form and appropriately recorded, a lawyer can and should advise you regarding some of the aspects of the transaction that you might not have thought about, such as the tax implications of a lifetime transfer versus leaving the property to you via will or trust.
