Legal Question in Wills and Trusts in Florida

Placing house under Adult child name

Senior Citizen Parents w/a less than modest income owe less than 20K on their home in FL. They want to make sure the house goes to 1 adult child out of three. The 1 adult child is married and has a stable middle class income. The other two do not. How can this be done legally without impacting the 1 adults tax bracket and property taxes, etc... The 1 adult child lives in a different state


Asked on 2/17/09, 9:31 pm

2 Answers from Attorneys

Robert Roemer Robert Roemer

Re: Placing house under Adult child name

By creating a estate plan which is set up to achieve these goals.If you need assistance send me an e-mail with a phone # to call you to discuss.

Sincerely,

Robert Roemer

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Answered on 2/17/09, 11:14 pm
Mark Hanks Attorney Hanks, P.A.

Re: Placing house under Adult child name

You should not add your child's name to the property, as you will jeopardize your ability to claim the complete Homestead exemption for your property taxes, resulting in an increase in your taxes. And you would also be subjecting the property to claims of your son's creditors, and possibly your own creditors, who can challenge whether your house should be afforded homestead protection against creditors, if one of the owners is not living there.

The simplest way to accomplish what you are seeking, is to have simple wills drafted, that bequeath the property just to the one child, if both of you have died. You will maintain the homestead's protection, even against creditors of your estates.

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Answered on 2/18/09, 8:53 am


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