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NewandTrying Asked January 2019

How to sign house sale contract?

We are selling my mother's house. The title is in both of our names (Her OR Me). If I sign the contract rather than her, would that mean tax liability for me? Also, if I sign the contract could we use the money for a new place for both of us w/o the appearance of the money being gifted?

JoAnn29 Jan 2019
There should be an attorney at the closing. Its usually one hired by the realtor. You can have your own and it maybe a good idea to protect your interests.

I don't think there is a tax liability if you buy another house within, I think, two years. If Mom is competent, I see no problem in both of you signing.
You are smart in the "gifting" part if you need Medicaid within five years. Like that the deed says "or" instead of "and". Those two words make a big difference in handling this kind of thing. I think consulting with a lawyer before closing is a good thing. Like said, don't take what a realtor says. They are not always correct.

MountainMoose Jan 2019
So agreeing with Ahmijoy. You might be able to speak with an attorney on a consult basis (free) or Legal Aid. You need the correct answer.

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Ahmijoy Jan 2019
This is a question you must ask an attorney. I would not count on what your realtor tells you. All states are different. This way, you are certain everything is done correctly and nothing will be questioned if and when Medicaid needs to be applied for.

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