Do I need to put my sons on the deed to my house so they get it when I die?

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Do I need to put my sons on the deed to my house so they get it when I die?

Asked on July 5, 2015 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I assume that you want to try to avoid probate.

If the house remains�in your name only, it will become an asset of your estate.�Consequently, it will need to�become part of your probate estate, the same as your other assets. If you want your house to pass to your children upon your death with the need of passing through probate, there are several thing that you can do. You could put your home in Trust or you could add your children to the deed. If you choose the latter, just make sure that the deed reads "joint tenants with rights of survivorship". This way upon your death, the house is theirs automaticlly as a matter of law. It will not become part of your estate and therefore need not go through probate.

Also, depending on the size of your estate,�including the value of your house, your estate may qualify for a small estate administration. This�can mean that no probate is required and your estate can be distributed�by means of�an affidavit, or that or a simplified probate is available which will be quicker and cheaper than a formal probate proceeding.�

That having been said, if your name remains on the deed in addition to your children's names, this could present a problem in the future with respect to your be admitted to�a nursing home or other long-term care facility.

At this point you should consider consulting directly with an elder law attorney in your area, they can best advise you further.


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