QUESTION
Do we need a living trust?
Asked on Oct 04th, 2012 on Trusts and Estates - District of Columbia
More details to this question:
Property is owned in DC. Two family members. One is elderly. Will the house go into probate upon her passing or does it stay with the other family member who is already on the title of the home as well as the mortgage, and making the payments on the home?
1 ANSWER
Dear DC,
If the facts line up exactly as you state above THEN the property is covered IF it is titled in either joint tenancy with survivorship (if the 2 family members are married or not married) or tenancy by the entirety (if the 2 family members are married). Do make sure the survivor has a will or trust (if avoidance of probate is sought) to deal with disposition of the property once the last survivor deceases......and do not make the assumption that the elderly one will pass away before the younger one. Also see if your state (not all have this tool) offers something called a Transfer on Death Instrument (TODI) which allows a living individual to convey his/her residential property upon their death without probate and without the costs associated with a trust Best of wishes with everything.
Answered on Oct 21st, 2012 at 9:12 PM