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Q: Giving my home to my children ( No Answer,   6 Comments )
Question  
Subject: Giving my home to my children
Category: Miscellaneous
Asked by: ghinvst-ga
List Price: $5.00
Posted: 23 Jun 2006 00:05 PDT
Expires: 23 Jul 2006 00:05 PDT
Question ID: 740414
How do I arrange it so in 20-40 years my home can be left to my
chidlren?  I know wills can be sticky, and without one probate is a
nightmare.  I considered putting one of my children on the title with
me (I am solo on it now and the sate of Florida allows 2 names), but
which ever child I choose now may not be the best choice in 20 years,
and the decision is impossible.  Does anyone know a way I can leave it
for them and that they will get it with little hassle or problems. 
They are adults now. There must be an adult out there with siblings
who got their parents home when they passed and had little problems
doing so.

thanks
Answer  
There is no answer at this time.

Comments  
Subject: Re: Giving my home to my children
From: qed100-ga on 23 Jun 2006 06:21 PDT
 
I'd say, that although you've some reservations regarding a will, it's
probably your best course of action. At this early point in time a
will is the one way at your disposal to clearly spell out how your
property is to be disposed of, independent of uncertainties about your
childrens' future personal circumstances.
Subject: Re: Giving my home to my children
From: myoarin-ga on 23 Jun 2006 07:25 PDT
 
Yes, a will seems best.  Since taxes will be due from the estate
within 9 months, it is thoughtful to leave enough cash or other liquid
assets to pay them, so that the house does not immediately have to be
sold.  That is when siblings start to fight.  In some states  -
California, at least -  one can include a clause that any heir
disputing the will will be left out.

From a tax point of view, it may be sensible to give them the house
now, with clauses about you and your wife  - or a future one -  have
lifelong rights to live in the house.
But this requires a lawyer with some experience, which you probably need anyway.
Subject: Re: Giving my home to my children
From: markvmd-ga on 23 Jun 2006 08:14 PDT
 
Putting someone-- anyone-- on your title is a good way to run the risk
of losing your property. You have no control over their actions and
they could borrow against the property or otherwise get liens on it.
You also have no clue what your situation will be in five, ten, twenty
or forty years. If you want or need to sell your property and the
co-owner refuses, whaddya gonna do? Partition sales and quiet title
suits are messy, costly, and damaging to family harmony.

See a tax attorney. He or she will ask you what your plans and desires
are and determine a good course of action. Most likely the property
will be placed in a trust that you will administer.

The so-called "death tax" you've heard about hardly applies to
everyday folks like you, me, and some 250+ million US citizens. The
recent repeal voted on this tax will affect about 5500 people. Dick
Cheney's heirs stand to gain a MINIMUM of $13 million from the repeal
and Donald Rumsfeld's heirs will benefit anywhere from $32 million to
$100 million based on current holdings. Sam Walton's heirs will reap
multiple billions-- that's billions, folks; a number followed by nine
zeroes-- while at the same time the states and federal government
(that means you) have to cover thousands of Wal-Mart employee medical
costs through Medicaid and similar programs.

Probate is a necessary and important procedure to properly and fairly
pass ownership of an estate to designated or legal heirs. The best way
to minimize the hassle of probate is to have a proper will that is up
to date and registered. Fees associated with probate vary around the
country but are hardly onerous. Any person who cannot pony up, say,
$800 or $2800 or even $4800 to inherit a house does not really have
the wherewithal to own that house!

My parents owned several Starker 1031 exchange investment properties
in Florida when they died (about a year apart) but our tax attorney
had structured things very carefully. Two signatures were all that was
required from me. The legal stuff took a while but did not interfere
with the administration, sale, and transfer of a couple of the
properties.

A good attorney-- tax, business, or criminal-- is worth their weight
in hundred dollar bills.
Subject: Re: Giving my home to my children
From: markvmd-ga on 23 Jun 2006 11:43 PDT
 
Posting your email makes this thread likely to be discontinued.

My attorney is long retired but if you visit lawyers.com you can
search by specialty.
Subject: Re: Giving my home to my children
From: daniel2d-ga on 25 Jun 2006 20:07 PDT
 
The worst thing to do is to add any heir to the title.  A will is the
second worst way to leave the property because it still has to be
probated.  The BEST way is to have the house and all your other assest
placed in a living trust.   An attorney will have to set it up for
you.  A ball park cost is $800.00.  When you die all the proprerty in
the trust passes to whomever you name without having to go through
probate.
Subject: Re: Giving my home to my children
From: markvmd-ga on 26 Jun 2006 08:38 PDT
 
Contrary to Myoarin's tax statement and Daniel2d's will statement,
there are very important benefits to inheriting property rather than
either adding heirs to a title now or placing property in trust.

Primarily, heirs who inherit receive property at a stepped-up basis.
This means if they sell the property, say, immediately upon your
demise, they will (likely)have very little tax on the sale. Titling
them now or trusting it exposes them to a lower basis on which to
calculate gains.

Of course this is all subject to a stack of laws, but is basically
correct. Your heirs may avoid a few thousand dollars of probate only
to be socked with tens (or hundreds) of thousands in capital gains
taxes!

For details, see a tax attorney!

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