Should we do joint ownership and then have my mom transfer her portion of the property to her will? 2 Answers as of September 23, 2016

My parents have a living will where I am the beneficiary (their son). Currently, I am purchasing a property with my mom. How should the new property be titled?

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Law Offices of George H. Shers | George H. Shers
If you wish the new property to pass to you without the need of probate, which is something you normally want to avoid, then you should take the property in joint tenancy with the right of survivorship [as opposed to tenants in common]. ?You need to see if that has any adverse tax consequences [does her part take a stepped up basis on her death, I do not know].
Answer Applies to: California
Replied: 9/23/2016
Law Ofices of Edwin K. Niles | Edwin K. Niles
1. Living will is a term which generally means end-of-life wishes. 2. If you mean that she has a trust, yes, you could take title as joint tenants, with Mom, as trustee, owner of an undivided interest. However, this may become awkward upon death of one of you, as the decedent's share would go to the surviving joint tenant. Is that the intent?
Answer Applies to: California
Replied: 9/23/2016
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