What's the easiest, most economical way for elderly parents to transfer their home to their children? Do they have to go through a real estate attorney or is there a simpler process? Thanks!

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Shuchi Agrawal, Serving Dallas / Ft. Worth (Kanam Realty Group/Kanam Commercial)

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Rainmaker
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Ajay Pandya

e-Merge Real Estate Unlimited - Columbus, OH

Realtor Ajay Pandya

Will?

Mar 06, 2018 09:54 PM

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Praful Thakkar

Andover, MA

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Dipti Thakkar

LAER Realty Partners - Andover, MA

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Ask CPA/Attorney.

Jul 23, 2018 09:48 PM

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Praful Thakkar

Andover, MA

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Kathleen Luiten

Resort and Second-Home Specialist - Princeville, HI

Kauai Luxury Ocean Home Sales

You've already gotten some good answers here, Shuchi. I'll add that the parent can put the children on the title. Check the IRS time limit for rules to avoid tax consequences.

Mar 14, 2015 08:31 AM

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Kathleen Luiten

Princeville, HI

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Shuchi Agrawal

Kanam Realty Group/Kanam Commercial - Flower Mound, TX

Serving Dallas / Ft. Worth

Jill Murty and Stephen Foster, thanks very much for your answers. I'll start with the Title company. This is for Texas.

Mar 13, 2015 02:36 PM

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Shuchi Agrawal

Flower Mound, TX

Rainmaker
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Jill Murty, Realtor - Orange County, CA

Movoto - Laguna Niguel, CA

I'd imagine it's somewhat different in different areas. I'd ask title and escrow if that's what's used in your area and also consult an attorney. Contact the Assessor's office, as there may be some kind of parent/child transfer tax benefit available.

Mar 13, 2015 02:15 PM

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Shuchi Agrawal

Flower Mound, TX

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Stephen Foster

San Antonio, TX

Depending upon the state, the answers would vary wildly. Options include a revocable trust that the children would become the beneficiary of upon death. If there is a large amount of money then there are tax implications. Also, it is possible that transferring before death would have unintended tax consequences.

In any case, we should all have a will.

Mar 13, 2015 02:04 PM

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Jill Murty, Realtor - ...

Laguna Niguel, CA

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Bob Crane

Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI

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I would suggest they talk with an estate attny.

Dec 16, 2019 10:49 PM

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Praful Thakkar

LAER Realty Partners - Andover, MA

Andover, MA: Andover Luxury Homes For Sale

Check with Attorney.

Jul 26, 2018 09:03 PM

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Rainmaker
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Gabe Sanders

Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL

Stuart Florida Real Estate

I would speak to an estate attorney.

Jun 10, 2018 06:38 AM

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Rainmaker
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Tony and Suzanne Marriott, Associate Brokers

Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ

Haven Express @ Keller Williams Arizona Realty

Kathleen nailed this one!

Jul 17, 2017 05:10 AM

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Rainmaker
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Sham Reddy CRS

Howard Hanna RE Services, Dayton, OH - Dayton, OH

CRS

If you are in a State that uses title companies, just have the title company do a quit claim deed if the title is clean and have them record it. Costs less than $300

Mar 14, 2015 09:41 PM

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Michael Jacobs

Pasadena, CA

Los Angeles Pasadena 818.516.4393

Hi Shuchi -- as others have commented -- legal and financial questions should be directed to those professionals. Real estate professionals should not act outside their area of expertise.

Mar 14, 2015 03:33 PM

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Roy Kelley

Retired - Gaithersburg, MD

The normal way to handle that transfer is by having an updated will with the disposition clearly updated.

Mar 14, 2015 05:15 AM

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Patricia Kennedy

RLAH Real Estate - Washington, DC

Home in the Capital

Shuchi, they need a good lawyer who does primarily real estate and trust work. If they give the house to their children before they pass on, there could be disasterous capital gains consequences.

And I would never personally advise a client on this stuff other than find a great lawyer. Of course, if I was a great lawyer, I'd give them all of the legal advice they wanted!

Mar 14, 2015 03:46 AM

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Rainmaker
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Eric Kodner

Madeline Island Realty - La Pointe, WI

CRS, Madeline Island Realty, LaPointe, WI 54850 -

Sounds like a legal issue and we are constantly reminded as Realtors to refrain from giving legal advice. Since state laws vary, I believe it's smart to consult a competent real estate attorney if you want to transfer a house to children.

Mar 14, 2015 12:55 AM

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Rainmaker
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Nina Hollander, Broker

Coldwell Banker Realty - Charlotte, NC

Your Greater Charlotte Realtor

Personally, I don't believe these kinds of activities should ever be done without appropriate legal counsel crafting the right documents. Too many issues down the line if you don't do it right.

Mar 13, 2015 09:10 PM

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You've already gotten some good answers here, Shuchi. I'll add that the parent can put the children on the title. Check the IRS time limit for rules to avoid tax consequences.
Jill Murty and Stephen Foster, thanks very much for your answers. I'll start with the Title company. This is for Texas.
I'd imagine it's somewhat different in different areas. I'd ask title and escrow if that's what's used in your area and also consult an attorney. Contact the Assessor's office, as there may be some kind of parent/child transfer tax benefit available.
Depending upon the state, the answers would vary wildly. Options include a revocable trust that the children would become the beneficiary of upon death. If there is a large amount of money then there are tax implications. Also, it is possible that transferring before death would have unintended tax consequences.

In any case, we should all have a will.
If you are in a State that uses title companies, just have the title company do a quit claim deed if the title is clean and have them record it. Costs less than $300
Hi Shuchi -- as others have commented -- legal and financial questions should be directed to those professionals. Real estate professionals should not act outside their area of expertise.
The normal way to handle that transfer is by having an updated will with the disposition clearly updated.
Shuchi, they need a good lawyer who does primarily real estate and trust work. If they give the house to their children before they pass on, there could be disasterous capital gains consequences.

And I would never personally advise a client on this stuff other than find a great lawyer. Of course, if I was a great lawyer, I'd give them all of the legal advice they wanted!
Sounds like a legal issue and we are constantly reminded as Realtors to refrain from giving legal advice. Since state laws vary, I believe it's smart to consult a competent real estate attorney if you want to transfer a house to children.
Personally, I don't believe these kinds of activities should ever be done without appropriate legal counsel crafting the right documents. Too many issues down the line if you don't do it right.