Legal Question in Real Estate Law in California
Quit Claim deed
We want to give our son (stepson) 1/3 of our house in a quitclaim so that at the death of one of us he can claim his part without probation. Is that possible?
Or would it better if my wife (his mother) gives him a quit claim deed for 1/2 of the house, he can activate in case of her death. We both trust our son, that is not the issue, my wife wants to be sure he gets it, if she dies.
2 Answers from Attorneys
Re: Quit Claim deed
Typically, the best way to accomplish this goal is to create a trust (and to transfer the home to the trust). It may cost a couple thousand dollars to create a trust, but it is money well spent. A trust will eliminate a substantial amount of unnecessary expense (almost always MUCH more than the cost to create the trust) and it will also eliminate delays and red tape which would be emotionally taxing during a time when things are already very difficult.
Re: Quit Claim deed
You'd be better off setting up a family trust to avoid probate all together. A will alone or the mere transfer like you are stating will not avoid Probate without a will and trust directing the remaining portion.
Please feel free to contact me to discuss the details in a more private forum by using the email address provided by LawGuru, or through our firm's site at No-Probate.com
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