Legal Question in Real Estate Law in Oregon

Re: adding name to deed on home

Generally I recommend against putting another person on the home owned by an elderly parent. If another person has their name "put on the house" it means that that person owns the house when the elder dies. It does NOT simplify a probate, and, if there are other children or people that the elder wanted to give part of the estate to, it removes the house from the elder's estate.

There are other problems with this kind of a scheme. First, it makes the elder's house subject to the debts of the person whose name has been added. The parent's house is also at risk if the person who was added gets a divorce because the elder's house would be considered an asset of the spouse whose name was on it.

If the elder has been deferring property taxes based on the senior citizen deferral, all the property taxes become due when the name is added and the elder can no longer defer the property taxes, but must now pay them every year or have the house subjct to tax forecosure.

Probate in Oregon is not particularly onerous and it serves a good purpose, making sure that everyone the elder wishes to benefit gets his or her share and by making sure that the elder's creditors are paid.

Our office helps elders make decisions in estate planning and helps their families handle the estates when they are gone. We also offer a low cost initial consultation to assist folks in analyzing some of these issues.