Today’s Dear FineMark is about add a child to your home’s title. Here’s the question…
“I’m a widowed mother with two adult daughters—one financially stable in New York and the other, divorced and struggling, in Florida. I own a nice home in Florida and want to ensure my struggling daughter always has a place to live. A friend suggested adding her to the title to avoid probate and secure her future if something happens to me. Is this a good idea?” – From a Concerned Mom
I completely understand concerned mom’s desire to make sure her daughter has a place to live. But before adding a child to your home’s title, it’s important for any parent to consider the risks. In this scenario, it may not be the best way to protect her daughter, and I strongly recommend speaking with an estate planning attorney first.
And here is why:
- Loss of Control – Adding a child as a co-owner means they have immediate ownership rights. If you want to sell, refinance, or use your home’s value for long-term care, their approval would be required. Plus, they’d be entitled to a share of any sale proceeds—not just after your passing, but now.
- Creditor Risks – If your child has financial difficulties, your home could be vulnerable to claims from creditors, the IRS, or even a future ex-spouse. This could limit your ability to manage or sell the property as you wish.
- Tax Consequences – Transferring ownership is considered a gift, which could have tax implications. Additionally, if the home is inherited instead of gifted during your lifetime, the step-up in cost basis can significantly reduce capital gains taxes if it’s ever sold.
- Better Alternatives Exist – Instead of adding a child to the title, consider an enhanced life estate deed (also called a ladybird deed) or a trust. These options allow your child to live in the home if something happens to you while also avoiding probate and protecting your estate.
- Finally, consider the family dynamic. Going back to the Concerned mom scenario. If she intends for both daughters to benefit from her estate, giving full ownership to one daughter could create tension, even if they’re close now. Clear legal planning removes uncertainty and emotional strain
Before making any changes, consult an estate planning attorney to explore the best options for protecting both your child and your financial future.
