Dublin, GA Estate Planning Law Firms & Lawyers

It all depends on whether the deed is a tenants in common deed or a joint tenants with rights of survivorship deed. If it is a joint tenants with rights of survivorship, you need to do nothing.  If it is any other kind of deed, some action in probate court will be required.  It might be as simple as a Petition for Year's Support or a Petition to Appoint Permanent Administrator.

If he is not mentally competent to sign a Power of Attorney, then your only option will likely be to seek a Court appointed guardian. In Indiana, the process for this task is to file a Petition to Appoint a Guardian, notifying all relatives of the proceeding. The Court then appoints a temporary guardian to determine for the Court if the person truly needs a permanent guardian. Then a hearing is held and a guardian is appointed. You can request that the Court appoint you as the Guardian. In Indiana, the process generally takes a month or two to complete. You should seek the advice of an estate planning or elder law attorney in your area.

In order to answer the question, we'd need to know a lot more about your parents' assets and their estate plan. If you are named as a fiduciary for your parents (personal representative, successor trustee) you might want to request a meeting with their estate planning attorney to sort out what you will need to do.