Legal Question in Wills and Trusts in New Jersey

JT w/ROS

I live in NJ,buying a time share in SC. Is it generally a good idea for my wife and I to include our 21 yr old daughter (only child) on the deed along with us to avoid probate when my wife and I pass?


Asked on 10/08/07, 10:34 pm

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: JT w/ROS

While naming your daughter in the Deed will avoid probate, I agree with Ron that there are risks involved, but these can be minimized by indicating percentage of initial ownership in the Deed, such as husband (50%), wife (49%) and daughter (1%). You also might consider taking title in something like a LLC, if this is not going to be your primary residence. A LLC Agreement can define responsibilities, rights, what happens to ownership if there are future liabilities (buy-out for a nominal cost, etc.). There are also tax ramifications to be considered, income and estate taxes, that might come into play also. These matters should be discussed with your tax advisor and/or an estate attorney.

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Answered on 10/09/07, 11:11 am
Robert Davies The Davies Law Firm, P.A.

Re: JT w/ROS

It is generally a bad idea to buy a time-share. Period.

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Answered on 10/09/07, 11:11 am
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: JT w/ROS

This is a really BAD IDEA. If your daughter has credit issues or a judgment, it can apply as a lien against the property. Also, if she gets married, you will have to deal with her spouse.

You should call your estate tax attorney to help you properly plan your estate including the proper way of titling this property.

I hope this helps!

Ron Cappuccio

http://www.saveyourestate.com

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Answered on 10/08/07, 11:15 pm


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