existing will with mother wanting to and 2 sons to property

[Joe Butz]

Indiana
my father died last year and my mother want to put my brother and myself on her property. In their will my brother and I are to split everything equally. No problem but shewould like to know if she can change the property to add my brother and myself on the title or deed with her and drop my father who died last year. she has her house and a rental house. qestion is can she do it and is it a good idea.

 

[ALawyer]

Putting you on the property would subject the property to possible current or future claims of YOUR and YOUR BROTHER's creditors. Also, as it is a gift in the event of your mother's death you'd likely wind up with a lower tax basis and have to pay higher capital gains after you sell it on her death.