Many people have questions about the legal effects of transferring their residential real estate to an adult child there can be some benefits to doing this,its important to understand the potential disadvantages.There are basically three ways of putting a child's name on real estate (1) An outright gift (2) A deed reserving a life estate (3) A outright gift is irrevocable if a parent transfers real estate outright the parent loses control over the property and can't live there a second way to transfer property is for the parent to deed it to children put retain the right to live there for the parents life time.
If you and your wife owned the property by a survivorship deed you are now the sole owner and you can execute a deed that transfers the property to your son. You should always consult with an attorney who specializes in real estate when deed changes are contemplated. The attorney can review your situation, explain your options and inform you of all the consequences of making such a transfer. You should also discuss the reservation of a life estate. Remember that once you make the transfer the property will be vulnerable to your son's creditors, if any.
The least expensive method is for you to draft a deed from mother to son and record it in the land records. The smartest way is for you to hire an attorney who will explain your options, explain the the consequences of the transfer, and draft the deed properly. When a non-lawyer drafts and records legal documents mistakes can be extremely costly to fix later on. That is, if they can be fixed.
That depends on how your mother and her son held title on the deed. If they held as joint tenants with the right of survivorship then when she died her son became the sole owner of the property. If they owned as tenants in common then when your mother died her half interest in the property would pass to her heirs at law if she had no will. The attorney who is handling the estate should be able to answer your questions and to examine both the validity of the deed from your mother to herself and her son and the tenancy that was created in the deed. There may be other assets apart from the real property that you are entitled to.
If the tenancy in the deed is clearly defined as a joint tenancy with the right of survivorship the property will automatically pass to the survivor, bypassing probate. You should have the deed drafted by an attorney to make certain it is drafted property for your jurisdiction.
Yes, son's name must be added. Son is a separate entity from his father. The father's interest most likely passed to the mother when he died depending on how the property was titled in their deed. Therefore, if the son began signing his father's name it would be forgery and the repercussions would be serious. You should seek the advice of an attorney to transfer co-ownership to the son. You should tell the attorney of any documents the son has signed posing as his father.
A title company can help you add his name to the title. However, you should note that this gives him the right to sell the home in some states, and if this gives you qualms, consult a real estate lawyer so that your interests and right to live in the home are secure.
If you and your daughter own property then you each own a 1/2 share. You both must sign a deed in order to give your son an equal share. If you and your daughter execute a deed to you, your daughter and your son each will own a 1/3 share.You can transfer your own interest to your son, or a percentage of your interest. For example, you could transfer your 1/2 share to him or half of your share which would be 1/4. Your own deed will not affect your daughter's interest.In any case, deeds should always be drafted by a professional. Errors made by non-professionals can be difficult and costly to correct and can result in a cloud on the title. You should think through exactly what you want to do and then hire an attorney to draft a proper deed.If you and your daughter own property then you each own a 1/2 share. You both must sign a deed in order to give your son an equal share. If you and your daughter execute a deed to you, your daughter and your son each will own a 1/3 share.You can transfer your own interest to your son, or a percentage of your interest. For example, you could transfer your 1/2 share to him or half of your share which would be 1/4. Your own deed will not affect your daughter's interest.In any case, deeds should always be drafted by a professional. Errors made by non-professionals can be difficult and costly to correct and can result in a cloud on the title. You should think through exactly what you want to do and then hire an attorney to draft a proper deed.If you and your daughter own property then you each own a 1/2 share. You both must sign a deed in order to give your son an equal share. If you and your daughter execute a deed to you, your daughter and your son each will own a 1/3 share.You can transfer your own interest to your son, or a percentage of your interest. For example, you could transfer your 1/2 share to him or half of your share which would be 1/4. Your own deed will not affect your daughter's interest.In any case, deeds should always be drafted by a professional. Errors made by non-professionals can be difficult and costly to correct and can result in a cloud on the title. You should think through exactly what you want to do and then hire an attorney to draft a proper deed.If you and your daughter own property then you each own a 1/2 share. You both must sign a deed in order to give your son an equal share. If you and your daughter execute a deed to you, your daughter and your son each will own a 1/3 share.You can transfer your own interest to your son, or a percentage of your interest. For example, you could transfer your 1/2 share to him or half of your share which would be 1/4. Your own deed will not affect your daughter's interest.In any case, deeds should always be drafted by a professional. Errors made by non-professionals can be difficult and costly to correct and can result in a cloud on the title. You should think through exactly what you want to do and then hire an attorney to draft a proper deed.
You cannot remove someone's name from a deed. You would need to persuade your son-in-law to convey his interest to you by a quitclaim deed.
Deeds should always be drafted by a professional. You should consult an attorney who can review your situation, explain your options and the consequences and draft a proper deed for your jurisdiction.
You should contact an attorney who specializes in real estate law in your jurisdiction. The attorney can draft a proper deed for your jurisdiction and also explain the legal consequences of the transfer of title.You should contact an attorney who specializes in real estate law in your jurisdiction. The attorney can draft a proper deed for your jurisdiction and also explain the legal consequences of the transfer of title.You should contact an attorney who specializes in real estate law in your jurisdiction. The attorney can draft a proper deed for your jurisdiction and also explain the legal consequences of the transfer of title.You should contact an attorney who specializes in real estate law in your jurisdiction. The attorney can draft a proper deed for your jurisdiction and also explain the legal consequences of the transfer of title.
You "bought a home with someone?" Does your name appear on the property deed or only on the mortgage? If your name does not appear on the deed, you may be lacking ownership rights to the home, however, if your name appears on the mortgage you certainly have a monetary interest in the property. Either way I believe you will need the services of an attorney to assist you in this matter.
Yes. A joint tenant can sell their interest in the property to their son. The transfer will break the tenancy and the new owners will own as tenants in common. However, an attorney should draft the deed and the grantor should be made aware of all the tax consequence of making the transfer.