Legal Question in Real Estate Law in California

Re: Beneficiary Deed

Upon death, if she wants the property to pass to you and you likewise want it to pass to her, deed the property to yourselves as "joint tenants." This will avoid probate.

However, this isn't what you want if you do not want the property to pass to her if you die first.

Re: Beneficiary Deed

You could probably get by with a deed in joint tenancy, although there could be some capital gains tax issues. It must also be done in a way to avoid a change in property taxes.

Re: Beneficiary Deed

She will have to deed the property to you as a joint tenant. Call me directly at (619) 222-3504.

Re: Beneficiary Deed

I would recommend creating a revocable living trust. Then just transfer the deed into the trust. With this there will be no taxes (except estate taxes after your death and only if you have an estate worth over 600k). There will be no probate, and, unlike a joint tenancy, you can change your mind at any time and revoke your trust or name any other person as your beneficiary(ies).

Re: Beneficiary Deed

You need a trust and to transfer the property into the trust. I offer to do it for $625.