QUESTION
If we add our 3 sons name to our house what rights do they have
Asked on Apr 08th, 2026 on Estate Planning - Pennsylvania
More details to this question:
My husband and I are in our early 70's, we were thinking of adding our 3 sons to the deed of our home so that in the case of one or both of us needing to go to a nursing home the state can only take 1/5 of the value of the home. I know there is a look back period of 5 yrs. and we are wanting to do this now. Our concern is what rights they have to our house, can they evict us or in the event one would get divorced would their ex-spouse be entitled to a 1/5 of the value of the house.
1 ANSWER
CREDIT CARD COLLECTION DEFENSE Attorney serving Harrisburg, PA
Partner at
Law Office of Gregory M. Lane
An outright gift of 1/5 of the home to each son could trigger the federal gift tax. There are better ways to protect your home from the potential loss of the home to pay for your care later in life. Not only is the gift tax a consideration but the potential for not only giving your sons a share of the real estate but also a proportionate share of any debt or liens on the property. You mention what happens if one divorces - you should also consider what happens if one incurs a liability in an accident or something. There are a number of considerations before you go and give away a share of your home. All of these questions and more can be addressed in a thorough discussion of your entire estate plan which if you have not done you should schedule soon. If you're in your 70s with no plan you risk chaos once you pass away.
Answered on Apr 13th, 2026 at 3:31 AM