My sister wants to transfer ownership--title of her condo to me she owes nothing on it . Do I need an attorney for this?

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I have an elderly sister with no other family. She would like to give me title to her condo.

Attorney Answer

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Jonathan Damonte ·
No, not really, but there are a couple of things you should be aware of. First, if she is still going to live there, if she simply gives it to you outright now, she will lose her homestead exemption next year (2010) and the real estate taxes will go up at least $500.00. Second, almost all condos require approval for transfers, so you will have to file an application with the condo association, and probably be screened and approved. There may be a fee involved (up to $100). The condo may have rules about whether a non-owner may live there. So check with the condo association first. Keep in mind that an outright transfer will constitute a gift for IRS gift and estate taxes purposes, which could affect her estate tax exemption if she has a taxable estate (currently $3,000,000, but might go down under the new administration next year). If the primary purpose of the transfer is to avoid probate, but she still intends to live there, consider doing a "life estate" where she retains the right to live there for the rest of her life, but upon her death, it goes direclty to you (avoiding probate). That way, she keeps her homestead exemption, avoids probate, and reduces the gift and estate tax effects. You'll probably need an attorney to properly prepare the deed, and you'll still need persmission from the condo association.
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