Legal Question in Real Estate Law in Arizona
Quit Claiming to Children While Owning the home
I am buying a couble-wide on an acre in AZ and I have two adult children in CA. Someone told me that if I quitclaim one or both onto my deed now, when I pass away they can avoid probate, etc. by already being on the deed. Is this a good idea? I am single and there is no spouse involved.
2 Answers from Attorneys
Re: Quit Claiming to Children While Owning the home
Do not quit claim an interest to your children now, there are many reasons why you should not do so:
You are making a gift to them now of an interest in the property, probably not in the double-wide (which is considered to be personal property, like a car and is titled by MVD). If you need the money and want to sell the property and double-wide, then the children would get their share of the money upon the sale. You may need all of the value of the property to pay for your cost of living. You are most likely to live longer than you think.
You should be aware that, even though it is difficult to imagine, children may die before their parents. The oldest person does not always die first.
Protecting yourself during your lifetime, is more important than avoiding probate. and probate is not a big cost or big deal.
You should have a Will and powers of attorney so that someone you trust can take care of you during your life, if you are unable to do so.
Re: Quit Claiming to Children While Owning the home
No, this is really not a good idea. Deeding your home to another person puts the home at risk of loss if one of your children is sued for any reason. There are better ways of avoiding probate such as creating a revocable trust or making a beneficiary deed.