Changing names on grant deed

persnippityAugust 16, 2009

I know I'm a bit off subject, but the more info I get about taking my deceased DH off the title and adding our DD the more confused I get. I get the notorized copy of 'death of spouse' with certificate. I just don't get the Quit Claim deed and then .... how do I get my DD and myself as title holders? Please, anyone? I live in Ca.

Thanks in advance,

Pat

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mariend

Go to you county recorder for help. No sure of the process but if they don't know, they will direct you to the correct government agency. There might be some small fees.

    Bookmark   August 16, 2009 at 6:15PM
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sylviatexas1

Please get advice from a qualified family law (not sure if that's what I mean) attorney before you add anybody to your deed;

what if your daughter gets hit by a bus before your death?
is her husband/widower entitled to her interest in your home?

her surviving children?

if she & her husband get hit by the same bus, are his children by a prior marriage entitled?

I wish you the best.

    Bookmark   August 16, 2009 at 6:36PM
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creek_side

See an attorney specializing in family and estate law. It will not cost a lot unless there are really unusual circumstances. This sort of thing is handled on a routine basis.

    Bookmark   August 16, 2009 at 7:23PM
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blueheron

Agree with Sylvia. Why do you want your daughter on your deed?

    Bookmark   August 16, 2009 at 7:29PM
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creek_side

Agree with Sylvia. Why do you want your daughter on your deed?

That is one of the reasons an attorney is needed in this situation. There are all kind of potential pitfalls in placing someone on a deed, especially someone who might inherit some day. There are tax implications that need to be considered. An attorney will who has his or her client's best interests in mind will be able to advise accordingly

    Bookmark   August 16, 2009 at 8:21PM
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cmarlin20

I want to add to the advise to consult with a attorney before adding your daughter.
Also, do you have a mortgage on this property? If so, you may have problems with the mortgage. DO NOT ADD ANYONE WITHOUT LEARNING ALL THE RAMIFICATIONS OF THE CHANGE.

    Bookmark   August 16, 2009 at 9:51PM
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devorah

California has a recocable beneficiary deed I believe. If it works like it does in Arizona, it is really easy to understand and execute. I did this for my daughter. It just allows the deed to transfer outside of probate upon my death. She still gets the stepped up basis and I can revoke the deed at any time before I die. I can also sell the property without any extra trouble because no sort of lien is created by the beneficiary deed. I didn't use an attorney, but I was formerly a paralegal so maybe that helped. I only paid the recording fee which was around ten bucks. If there is some downside I missed, I haven't found it yet.

    Bookmark   August 16, 2009 at 10:59PM
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brickeyee

Put the property in a revocable living trust with you as trustee, and your daughter as the next trustee.

After your death, as the new trustee she can do what she wants with the property.

It will get a 'stepped up basis' at the time of your death (the estate actually pays the taxes but unless it goes over well over $1 million no inheritance tax is due).

You need to see an experienced estate/elder attorney to have all the details explained if you cannot find out the information yourself.

In the mean time, you should have a new deed recorded showing you as the sole owner of the property.
If anything should happen to you it makes a real mess since both persons named on the deed are now dead.

    Bookmark   August 20, 2009 at 9:18AM
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kelpmermaid

I'm in CA and will add to the chorus about your need to see an attorney. There are tax and legal implications to adding your daughter to title, some of which may be problematic for you and for her. As far as I know, it has been discussed in the legislature, but I don't think we have the beneficiary deed here yet.

    Bookmark   August 20, 2009 at 12:35PM
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sylviatexas1

Please get detailed expert advice from an attorney rather than following steps detailed in a post on an internet forum.

No matter how knowledgeable a poster is, or thinks he is, or claims to be, he isn't an attorney & he doesn't represent you.

Please get an attorney.

    Bookmark   August 20, 2009 at 3:05PM
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mary_md7

I did what brickeye recommended--the trust route. DH and I each set revocable living trusts. The home we live in (which I purchased prior to our marriage) was put into my trust -- our attorney handled the paperwork.

    Bookmark   August 22, 2009 at 9:30AM
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brickeyee

While a limited number of states have things like 'trust deeds' they are invalid in other places that require all deeds to be irrevocable and unconditional.

The revocable trust route works everywhere.

Talk to your attorney, and if they are not experienced in 'elder law,' trusts, and the tax consequences ask them for a recommendation.

Even smaller firms often have a selection of specialties available.

    Bookmark   August 22, 2009 at 12:38PM
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