Real Estate planning
Should I use a quit claim deed or warranty deed? Situation: Elderly mother owns home in Massachusetts. Owes back taxes to IRS and state of Massachusetts. Owes credit card debt. Want to get home in daughter’s name prior to her passing away and prior to creditors attaching lien if not already done. How do I know if there is a lien attached to her home?
Re: Real Estate planning
First, the transfer may be set-aside if the IRS or the credit card companies file a claim for transfer to avoid creditors.
However, if your mother has a homestead exemption that would certainly protect her from the credit cards. If not, she should file one now.
With respect to finding liens you have to do a lien check for the IRS at the Federal Court House and should also check the registry fo deeds.
Before doing all this I would consult an attorney who can order a complete lien check for you and then advise you on how to best handle all this to reduce your mother’s liability and to deal with the IRS.
As to the form of the deed, you would use a Quit Claim Deed to transfer title. I am not sure why your mother has the problems she has, but it might be easier to work something out with the IRS.
Jonathan Roth
Donovan Hatem LLP
Two Seaport Lane 8th floor
Boston, MA 02210