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Will having added an adult child to a parents deed via a quit claim deed ensure that property will pass to that adult child?
Anonymous2 views2 answers
Parent wants property to pass to adult child without doing a will. Parent thinks this is like having it in joint tenancy w/ rights of survivorship. Someone told me that is not sufficient but that you have to do some type of heir ship beneficiary form.
If the parents add an adult child to the deed as a joint tenant with rights of survivorship and not as tenants in common - it will pass outside of probate to the last surviving person on the deed. However, in most situations simply filing a Transfer on Death deed is a better idea and it doesn't "muddy up" the title to the property. e.g. if held in joint tenancy now parents home is subject to adult child's problems: divorce, creditors, disabilities, etc. A Transfer on Death deed bypasses probate if prepared correctly and does not succumb to the same issues.
I'm not entirely sure of the law where you are, so contact a local attorney. But if a person is added to a deed as a joint tenant with right of survivorship, then by law, the property passes to the last person standing. This may be as simple as a quitclaim deed to add the child.
