Should I add my kids to title?

Should I add my kids to title?

“Adulting” gets kicked up a notch when you purchase a home. You just entered into a relationship with your home, so, good or bad, you try to work things out. This purchase also triggers some to want to prepare a long term plan. Don’t be scared, these are natural feelings.  People ask “can I add my kids or someone to title, just in case something happens to me?” This may not be a good idea. Once you add someone to title, everything that is attached to them now attaches to your property, including:

  • Creditors
  • Late taxes
  • Judgments
  • Child-support
  • Spouse (or soon to be ex-Spouse)

Instead of adding someone to title, you could consider a Transfer on Death (TOD) Deed AKA a Beneficiary Deed. This way, you remain in control of your property while you are still on this great planet, and you do not have to have permission from the others on title to sell or refinance.  Another advantage of filing this deed is that a property with TOD Deed does not need to go through the probate system.

In addition to filing a TOD Deed, a Will is a great tool to let everyone knows your intentions of what happens after your death. These tools will help guide your family and heirs through the grieving  process so that they can concentrate on their feelings and families without having to guess at your intentions with your property.

Things to keep in mind:  

  • You must sign the deed and get your signature notarized, and then record (file) the deed with the county register of deeds office before your death. Otherwise, it won’t be valid.
  • If you change your mind on the beneficiary and want to change to someone else, it must be in writing and filed at the register of deed, it cannot be done in a will.

Happy Closings,

Brett

I’m not an attorney and this is not legal advice… I’d advise you to seek an attorney or an estate planner for guidance