How can I ensure that my brother will receive the property in the event that I died? 26 Answers as of March 14, 2014

I have a mortgage in my name on a home that my brother is paying for. We currently have a lease agreement. In the event something happens to me, what do I need in place to ensure he receives the property?

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Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
You can will your brother the real property. However, if his name is not on the loan, he will need to qualify for the loan. The loan will not automatically go to him he will need to qualify for the loan.
Answer Applies to: California
Replied: 3/14/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
You could place the property in joint tenancy (not a good idea), sign a will in his favor (a better one), or execute a trust in his favor (the best way to go). See an estate planning lawyer.
Answer Applies to: California
Replied: 3/13/2014
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
This can be accomplished by a contract, a deed, a trust, or a will.
Answer Applies to: California
Replied: 3/13/2014
Danville Law Group | Scott Jordan
Where do you live? California? Are you married? Is the house community property? Assuming you can turn the house over to your brother, the best way to ensure success is by creating a trust and transferring title to the trust. You would be the initial beneficiary and if/when you died, your brother would be successor beneficiary and the house can be transferred to him.
Answer Applies to: California
Replied: 3/13/2014
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
I assume that if the mortgage is in your name, then you are the deed owner of the property. You need to make a will leaving that property to your brother. As long as he continues to make the mortgage payments, he'll be fine.
Answer Applies to: Oregon
Replied: 3/13/2014
    Donald T. Scher & Associates, P.C.
    Donald T. Scher & Associates, P.C. | Donald Scher
    Make and record a "beneficiary deed" granting title to your brother.
    Answer Applies to: Arizona
    Replied: 3/13/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    You can deed the property to you and your brother as joint tenants (or place the property in trust with him as beneficiary).
    Answer Applies to: California
    Replied: 3/13/2014
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    I assume from your question that the property is titled in your name. To be sure that the property title is transferred to your brother upon your death you can give him a Transfer on Death Deed (TODD) now. The transfer does not actually take place until proof of your death is recorded.
    Answer Applies to: Minnesota
    Replied: 3/13/2014
    Durham Jones & Pinegar | Erven Nelson
    There are a number of things you could do. The best would be to set up a trust, transfer the house into the trust, and name your brother as a beneficiary in the trust documents. You could also specify in a will that the house should go to him. You could also deed the house to you and your brother as joint tenant, with rights of survivorship, so that in the event of either one?s death the survivor would own the house 100%.
    Answer Applies to: Nevada
    Replied: 3/13/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Well, you could and should make a will bequeathing the property to him. That is the best way. You could try and finagle with the deed but that may raise eyebrows with the mortgage company and who wants to do that. I suppose that you could amend the lease so that when the mortgage is paid in full, you or your estate agree to transfer the title to the property to him. But again, that is more complicated than a will.
    Answer Applies to: Idaho
    Replied: 3/13/2014
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    There are a number of ways. Re-record your deed but instead of you owning outright, you hold title in fee simple with a "remainder" to your brother. That is different from making him a joint tenant. The former gives him no rights until you die. The latter gives him property rights equal to yours while you are alive. Both will transfer your interest to him after you die. You could also draft a will that leaves him your property in your will.
    Answer Applies to: New Jersey
    Replied: 3/13/2014
    Attorney At Law | James G. Maguire
    A will.
    Answer Applies to: Louisiana
    Replied: 3/13/2014
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Do a trust.
    Answer Applies to: Michigan
    Replied: 3/13/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Write a will.
    Answer Applies to: Florida
    Replied: 3/13/2014
    Meyer & Yee, LLP | Michael Yee
    In this instance, I would set up a living trust with a special carve out provision naming your brother as beneficiary of the property in question. Also, is there equity in the home? Why is your brother paying the mortgage? These would be follow up questions so I could fully understand your concerns. Are you worried about your sudden passing and leaving a liability for your brother? A small life insurance policy naming your brother as a beneficiary could also integrate into your estate planning needs.
    Answer Applies to: California
    Replied: 3/13/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Grant deed the property to brother.
    Answer Applies to: California
    Replied: 3/12/2014
    C Page Hamrick Attorney at Law | C Page Hamrick
    You could make a Will, devising the property to your brother.
    Answer Applies to: West Virginia
    Replied: 3/12/2014
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    You should leave a will.
    Answer Applies to: Texas
    Replied: 3/12/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    The easiest way is to put your brother on the deed with you as joint tenants with right of survivorship. The survivor of the two of you would then receive the property. If you want the property to go to his survivors then you should probably set up a trust. If you have a trust already you can put the property in the name of the trust and designate your brother as beneficiary. You could also do a will but then the property would have to go through probate to transfer title.
    Answer Applies to: California
    Replied: 3/12/2014
    Gates' Law, PLLC | Thomas E. Gates
    You need a will designating that your house goes to him.
    Answer Applies to: Washington
    Replied: 3/12/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    You will need a will to bequeath the property to your brother. However, if you do not have enough assets at the time of your death to cover all of your final bills and taxes, the house will have to be sold to cover the gap. You can also add your brother's name to the deed on the house but there may be tax consequences. Check with experts before making a decision.
    Answer Applies to: Nebraska
    Replied: 3/12/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    There are a number of ways to do that, except doing nothing. Each has benefits and detriments. You should discuss your desires with an attorney.
    Answer Applies to: Michigan
    Replied: 3/12/2014
    Frederick & Frederick PLC | James P Frederick
    For starters, you want to set things up so that title passes to him, in the event of your death. The mortgage company is not going to care, as long as he makes payments on the debt. But if you do not structure this properly, he would need to go through probate, and it is possible that someone else would have intervening rights. I would strongly suggest that you meet with an attorney to discuss your situation in more detail and to make sure things are set up properly.
    Answer Applies to: Michigan
    Replied: 3/12/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    A recent Illinois statute allows you record a transfer on death instrument. If in place, the property would pass to your brother outside of your probate estate. The grant can be reversed and would not inhibit sale of the property without your brother's consent. You could transfer the property to you and your brother as joint tenants. In this case you would not be able to transfer the property without your brothers consent. Since your brother would have an ownership interest you would need an agreement other than a lease to assure he continues to pay the mortgage.
    Answer Applies to: Illinois
    Replied: 3/12/2014
    James Law Group
    James Law Group | Christine James
    You need a will or trust. Trust is more expensive up front but cheaper on the back end. Meet with an estate planning attorney.
    Answer Applies to: California
    Replied: 3/12/2014
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    A will or preferably a trust naming him as the beneficiary of the house at your death.
    Answer Applies to: California
    Replied: 3/12/2014
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