What are the first steps in getting my mother's home deeded to my siblings and me?
Answers
The first thing you should do is ignore your mother's advice.
I know this is heresy and I am sure your Mom has given you great advice in the past. But this time her advice would result in you and your siblings drastically increasing your income tax liability.
If your mother were to give you and your siblings the house, the three of you would not be able to take advantage of the $250,000 exemption from capital gains taxes that your mother has because the house would not be your primary residence. However, if the title is kept in her name and sold by her, she would be able to significantly avoid or even eliminate income taxes because of the availability to her of the $250,000 exemption.
Fortunately, there is a way to make Mom's life easier and still not incur more income taxes and that is to have your mother execute a Durable Power of Attorney whereby she appoints you to sell the home on her behalf. In this way, you can do all of the work for her and even sign the deed (although it would be better if she actually signs the deed.)
If you sell the home on her behalf by using the Durable Power of Attorney, you will be able to utilize her $250,000 capital gains exemption. After getting a lawer to draft the Durable Power of Attorney document, contact a real estate agent who will be able to help you with the details of selling the home, such as appraising and marketing it in order to get the best sale price.
