we are an elderly couple wanting to move to a senior facility. we would like to know the proper way to turn our property over to our children.

Asked 8/5/2009 under Real Estate | 206 View(s) | More Legal Topics

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J. Norman Stark / J. Norman Stark Answered 2 years ago | Contributor This attorney is licensed in Ohio

Dear Senior citizens:  You can merely prepare and sign a Quit claim Deed, transferring the property to your Children.  However, to protect your transfer and make it "attachment proof" by a retirement facility for the dollars involved, I strongly urge you contact and retain an experienced real estate Attoreny to prepre a proper WarrantyDeed, for value.

An experienced Attorney can further explain the words "for value" and the reason it should be included - for tax advantages and also to demonstrate that it is a business transaction, and not a gift, subject to gift tax, etc.

Good luck!  Happy retirement.

Sincerely, J. Norman Stark, Cleveland, Ohio..

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