Will this allow the home to pass to my grandchildren even if their mother is still living when my son passes away? 22 Answers as of August 16, 2013

In order to protect my grandchildren's inheritance, I would like to change the title of ownership of a home they and their parents now live in from me and my deceased wife's name to my son's and the two children's name. There are step children in the family.

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Law Office of Thomas C. Phipps | Thomas C Phipps
Yes. You can a beneficiary deed instead. You will own the property until you die, then the person you name will automatically get title to the property.
Answer Applies to: Missouri
Replied: 8/16/2013
Coulter's Law
Coulter's Law | Coulter K. Richardson
Create a trust with the grandchildren as beneficiaries, and transfer title to the trust. Make the trustee your son and the alternate trustee someone else reliable and just not your son's wife, if you don't trust her.
Answer Applies to: New Jersey
Replied: 8/8/2013
Meissner, Joseph & Palley | Sasha D. Collins
We do not typically recommend that you transfer title of real property during your lifetime under these circumstances. Your intent would be more safely and easily accomplished through a will or trust.
Answer Applies to: California
Replied: 8/8/2013
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
I would urge you to speak with an estate planning attorney, your solution may create more problems. There may be far superior solutions, like a revocable trust.
Answer Applies to: Nevada
Replied: 8/8/2013
Stephens Gourley & Bywater | David A. Stephens
If it is titled as joint tenancy with right of survivorship then it will pass to the children. Otherwise she will have an interest. Deeding the house in that fashion opens the house up to claims of creditors of the persons holding title. A trust would be safer.
Answer Applies to: Nevada
Replied: 8/7/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Probably. But it will not prevent your son from leaving his part to his wife, or anybody else. Far better to set up a trust spelling out what you want. For example, it could authorize your son to live there the rest of his life and then pass to your grandchildren.
    Answer Applies to: California
    Replied: 8/7/2013
    Law Offices of Frances Headley | Frances Headley
    Using deeds is not the best way to pass the property to your heirs. You should consult an estate planning attorney to review all of the facts and advise you how to best accomplish what you want.
    Answer Applies to: California
    Replied: 8/7/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Your will must specify to whom you want your home to be distributed for an after death transfer to take place, if before death, you can use a grant deed from yourself to the son and two children you refer to.
    Answer Applies to: California
    Replied: 8/7/2013
    Gates' Law, PLLC | Thomas E. Gates
    How old are the children? This will determine whether they can legally hold title to real property. A will provision who protect the property and have it transferred as you wish. If they are still under age, the property would go to a trustee until they are at the age of majority.
    Answer Applies to: Washington
    Replied: 8/7/2013
    James Law Group
    James Law Group | Christine James
    I don't recommend that, especially if the children are minors. Do a living trust with an estate planning attorney which will make sure your goals are achieved.
    Answer Applies to: California
    Replied: 8/7/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If the children are not yet 18, it's unclear what you would have done in that case. If they're over 18, then yes, you can give them an interest in the home now. You may need to file a federal gift tax return to report the gifts. And once you deed an interest in the property to someone else, you can't take it back they become an owner of the property. A properly drawn will is a better idea, as part of a whole estate plan.
    Answer Applies to: Oregon
    Replied: 8/7/2013
    Estrada Law P.C. | Michele Ungvarsky
    If you are located in New Mexico or one of the six states that recognize a Transfer on Death Deed (TODD) that would be the ideal way to pass the house. You would keep ownership of the house during your lifetime. At death the person(s) listed on the TODD would receive title to the house. If you transfer title now you risk the possibility the house could be attached due to any liability (law suits or bankruptcy) of your son and his wife or just sold.
    Answer Applies to: New Mexico
    Replied: 8/7/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    No, there is no guaranty the grandchildren will ever actually end up with the house. Further, this may create unnecessary potential tax implications. If that is what you want to have happen, a will or a trust is the actual legal document intended for that purpose, not a deed.
    Answer Applies to: California
    Replied: 8/7/2013
    Dennis E. Valentine Law Firm
    Dennis E. Valentine Law Firm | Dennis Valentine
    There are ways to prevent your daughter-in-law from receiving any inheritance from your estate. The most common way is through the use of a trust. I recommend that you talk to an experienced estate planning attorney to see which way will best accomplish of your objectives.
    Answer Applies to: Colorado
    Replied: 8/7/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Sure. See a real estate attorney that can place the home in whomever names that you want it in with a right of survivorship on the deed.
    Answer Applies to: Florida
    Replied: 8/7/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Yes, you can do that. Another alternative is to leave the house to your son in your will and bequeath title to your grandchildren by individual name should your son already be deceased at the time of your death. There will be tax consequences for your son and grandchildren in either case.
    Answer Applies to: Nebraska
    Replied: 8/7/2013
    Frederick & Frederick PLC | James P Frederick
    The answer is possibly. I would think that a trust would be a better way to handle this, however. Minors cannot hold title to property. If they were listed on the deed, probate court action would be needed. This is generally not good for anybody.
    Answer Applies to: Michigan
    Replied: 8/7/2013
    Danville Law Group | Scott Jordan
    What you propose could work but I would need additional information. You say that the home is in your and your deceased wife's name. Did your deceased wife have a community property interest in the home? Are you listed as joint tenants? The first thing to do is make sure the house is properly titled now, preferably with you holding 100% ownership. The next step is to determine the ages of the two children you wish to eventually pass the house to. If they are minors, you do not want to put their name on the title. How many son's do you have? Even if everything is such that what you propose would work, there are still gift tax issues that you will need to look into. You may owe taxes on the transfer or at the very least have to file a gift tax return and claim the exemption. The better way to transfer property is to put the house in trust. In the trust you can then pass the property to your son's in toto or for life and then to certain grandchildren. There would be no tax issue and you can maintain control of the property for as long as you live.
    Answer Applies to: California
    Replied: 8/7/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    You can also change deed to son, for his life, then to your grandchiildren. If you do just joint, you may want to make it joint with right of survivorship.
    Answer Applies to: Delaware
    Replied: 8/7/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You need to see an attorney, it can be done, but make sure you do it correctly.
    Answer Applies to: Michigan
    Replied: 8/7/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    You'll need to clear the decedent's name from title first. You can then either deed the property during your lifetime (either a warranty deed or a ladybird) or you can make a will. Personal preference is for you to make a will.
    Answer Applies to: Texas
    Replied: 8/7/2013
    Victor Varga | Victor Varga
    Depends on how it is titled.
    Answer Applies to: Maryland
    Replied: 8/7/2013
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