Legal Question in Wills and Trusts in Massachusetts

Added onto Property Deed

How can I add my son to my property deed? I currently have the property in a trust and want to make sure I do this correctly. The property has no leins or mortgages against it. I am currently the trustee of the trust.

Thank you


Asked on 10/15/08, 4:18 pm

3 Answers from Attorneys

Re: Added onto Property Deed

The easiest way to deal with this is to amend the trust. Otherwise, depending upon the type of trust you will need to get the consent of the beneficiaries.

If your goal is to avoid probate, the trust owning the property will do just that.

If your concern is with respect to avoiding medicaid or Masshealth liens in the future, that is something else and I would consult with an attorney to see how to accomplish some elder care and estate planning in advance.

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Answered on 10/15/08, 4:22 pm
Gabriel Cheong Infinity Law Group

Re: Added onto Property Deed

If a trust holds the property currently, you do not want to add your son to the property deed. That is a sure way to get yourself in trouble with effective estate planning.

Depending on your situation and what type of trust it is, you might want to simply amend the beneficiaries or trustees of the trust.

This is a question none of us can answer here because we would have to see the trust document in order to give proper advice. All trusts are different and unique.

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Answered on 10/15/08, 4:35 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Added onto Property Deed

Do you want to add him as a beneficiary?

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Answered on 10/15/08, 5:57 pm


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