QUESTION
How can I sign my deed to my home over to my daughter without hiring an attorney?
Asked on Aug 19th, 2013 on Estate Planning - California
More details to this question:
How can I obtain the legal forms necessary to file with the register of deeds?
12 ANSWERS
Thomas Edward Gates
All you need is a Quit Claim Deed, with the form readily available online. You do not need an attorney.
Answered on Aug 28th, 2013 at 2:42 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You can do it with a quit claim deed but that has many ramifications, and you should see an attorney regarding them.
Answered on Aug 28th, 2013 at 2:42 PM
2 Awards
It is not recommended that you sign your home over to your daughter during your lifetime without speaking at length with an attorney about your goals and why you are doing it. No attorney should advise you how to do this as there can be tax consequences.
Answered on Aug 28th, 2013 at 2:42 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Get a quit clam deed from a store, put in the pertinent information. Make sure that get the legal description for the property exactly as it states in your deed. Sign in front of a notary. And once you do it, you can't get the property back.
Answered on Aug 28th, 2013 at 2:42 PM
3 Awards
Your issue is not solely the preparation of a deed. You really should speak with an attorney who can address all of the issues related to transferring your home, i.e. necessity of a Federal and possible gift tax return, possible denial of Medicaid benefits and loss of homestead, just to name a few. This is not a decision that should be taken lightly. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Aug 28th, 2013 at 2:41 PM
A stationery store should have forms for that and you can look at self help books such as Nolo Press' book on estate planning and real estate. You should first read the relevant chapters on estate planning since there are numerous tax reasons for not signing over the home to your daughter. Also, what if the relationship with you daughter because hostile or she marries someone who insists that you pay rent or that the house is community property and divorces your daughter? There are too many things that can go wrong so you need to have some knowledge of what problems can arise.
Answered on Aug 28th, 2013 at 2:41 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
In almost all cases, this is a bad idea. (Your use of the term "register of deeds" makes me think you are not in Oregon. If you're not in Oregon, please note that my answer is based on Oregon law). Transferring ownership of the property to your daughter during your lifetime may cause all sorts of unintended consequences, and is never really necessary. Consider a "transfer on death" deed, or simply a will. See a lawyer for estate planning advice. In the end, your estate plan has to be perfect or your assets will not pass as you want them to. Get it right in the first place.
Answered on Aug 28th, 2013 at 2:41 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
Look online. Find a quit claim deed and your old deed and file a quit claim.
Answered on Aug 28th, 2013 at 2:41 PM
Due to the number of unintended consequences of your contemplated course of action, you should at least consult an attorney about what you plan to do and why you want to do it. The attorney can assist you in accomplishing your goal and protecting yourself. If done incorrectly you could find yourself out of your own house without recourse.
Answered on Aug 28th, 2013 at 2:41 PM
Probate Attorney serving East Greenwich, RI
at
Kristen Carron, LLC
Update Your Profile
I think that it is always best to hire an attorney for these types of things. Most attorney's can do this quickly at a relatively low cost. You may be able to find forms of deeds on line, but it may be hard to determine if the deed you find is right for your state. Unfortunately, I think hiring an attorney is the way to go.
Answered on Aug 28th, 2013 at 2:41 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
You can check with a title company. If your home is worth more than $200, though, it makes sense to have an attorney take care of this and handle it right. Otherwise, your daughter will need to deal with any mistakes that you make. It will almost certainly cost her more than $200 to straighten this out. If you are one of those people who insists on doing everything yourself, then you would learn about correctly preparing deeds the same way as you would learn about replacing your own brakes, doing your own tune-ups, repairing your own appliances, etc. Research and trial and error.
Answered on Aug 28th, 2013 at 2:41 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Forms are online or available at a good office supply store; but remember, an "an ounce of prevention is cheaper than a pound of cure" and if you make a mistake in the way you draft the language for the deed, then your daughter will be paying an attorney more to straighten out your mistake; so pay an attorney now to assist you that specializes in estate planning or probate to prepare the document you are seeking correctly.
Answered on Aug 28th, 2013 at 2:41 PM