QUESTION

Quit Claim Deeds.

Asked on Jan 07th, 2016 on Real Estate - Arizona
More details to this question:
Can I file a quit claim deed for my home to my son, that is only valid after my death ?
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1 ANSWER

Administrative Law Attorney serving Tucson, AZ at Munger, Chadwick & Denker, P.L.C.
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I presume no one else has an interest in the property. A beneficiary deed will do just that. See http://www.azleg.state.az.us/ars/33/00405.htm  You could also deed the property to you and your son as joint tenants with right of survivorship, or "JTWROS" (meaning the share of whoever dies first passes to the survivor). Either way, the property would avoid probate. But with a beneficiary deed, your son does not obtain the asset until your death.  With a JTWROS, your son would be taking his share of the asset now and also take your  share upon your death. There may be tax consequences to each of these scenarios that you may wish to discuss with your son to avoid inconveniencing him. 
Answered on Jan 21st, 2016 at 6:24 PM

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