Full question:
How do I transfer or sell my house to my son so that I don't own it and it doesn't go through probate when I die?
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Missouri
Answer:
To ensure your house does not go through probate after your death, you can transfer ownership to your son while you are still alive. Once you deed the property to him, it will no longer be part of your estate. This means it won't be subject to probate.
A deed is a legal document that transfers ownership of real property. It must include a description of the property, identify the grantor (you) and the grantee (your son), and be signed and notarized by you. To be effective, the deed must be delivered and accepted by your son, which can be shown by his possession of the deed.
Additionally, you might consider a beneficiary deed, which allows you to retain ownership during your lifetime while ensuring that the property automatically transfers to your son upon your death, bypassing probate. This type of deed does not take effect until you pass away.
Another option is to create a living trust, where you can transfer ownership of your property into the trust. This allows you to manage the property during your lifetime, and upon your death, the property can be distributed to your son without going through probate.
Joint tenancy is another method, where you and your son can own the property together. If one owner dies, the other automatically becomes the sole owner, avoiding probate.
It's advisable to consult with a legal professional to determine the best option based on your specific situation and state laws.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.