Your Family Home and Your Estate

Transfer Methods at Death

Steve Bliss a renowned San Diego probate attorney wishes you to know:

1. Moving to a Spouse: Married couples often own home as equal owners with a joint tenancy. Each owner in a joint tenancy might have the right of survivor-ship, which is the right to automatically inherit the ownership rights of his/her partner upon that spouse’s death. In Texas the right of survivor-ship should be express either in the bank or monetary agreement or the deed to real estate, depending upon exactly what type of asset it is. In Louisiana joint occupancy with the right of survivor-ship is typically not allowed.

2. Transferring to Your Children: If you wish to move your home to your children, one typical way to do it is by making a Will that mentions your option about who receives the home. You can designate that the property will go to a single child or to numerous children at your death and provide each a share of the residential or commercial property. However, the home will need to pass through the probate procedure and be shown up prior to a court first prior to the heirs can take ownership.

3. Transferring to a Trust: You can also establish either a living trust to move your home or business to your heirs. A trust can enable you to prevent the probate procedure in the very same way joint tenancy ownership does. I

t likewise provides you the capability to set conditions on ownership or move the property to the trust and have a number of successors profit.

For example, you can transfer your the home of a successor once the heir earns a college degree or move the home of a number of generations of descendants.