Legal Question in Wills and Trusts in Massachusetts

deeds

How do I go about changing the deed to my home in my kids name?


Asked on 2/09/05, 12:54 pm

3 Answers from Attorneys

James M. Sears, Esq., LLM Tax James M. Sears Attorney at Law

Re: deeds

A new deed would need to be prepared and recorded from you to your kids. However, there are Federal and Massachusetts income and Federal gift tax return considerations. You should consult with an attorney as to your goals and objectives for this transfer.

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Answered on 2/10/05, 9:02 am
Joseph Murray Joseph M. Murray, Esq.

Re: deeds

Assuming you seek to tranfer title from your name to your kids, a deed would need to be drafted by an attorney. But there are Massachusetts and potentially Federal estate tax consequences, as well as Medicare eligibilty considerations of such a transfer that you would be well advised to discuss with an attorney before doing so.

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Answered on 2/10/05, 3:32 pm

Re: deeds

The matter is eiher simple or complex, depending on whether the property is subject to a mortgage or not. If you own the home in fee simple with no liens or mortgages, then transfering title involves recording a new deed and paying the appropriate costs and taxes. If the property is mortgaged, there is substantially more work involved. If the transfer is made as part of an estate plan or distribution process, then there are many other factors to consider. Feel free to e-mail me with any additional questions.

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Answered on 2/09/05, 1:03 pm


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