Legal Question in Real Estate Law in Pennsylvania

Property Deed

How should children legally be listed on parents' property deed as beneficiaries, rather than co-owners of the property?


Asked on 8/14/07, 1:17 am

3 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Re: Property Deed

They really shouldn't be on the deed at all. The adult owners of the property should each have a Last Will and Testament, in which the devise [give] the property to the children or whoever they want. If the children are minors when the Will is made, the Will should also provide that anything given to minors will be held in trust for them [to the age you deem appropriate] and should also name a Trustee to hold the minors' property for them until they reach that age.

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Answered on 8/14/07, 12:08 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Property Deed

You asked about naming children on a deed.

I think you are asking about how to make sure children inherit property. There are a number of ways to assure that children inherit property and each tool has a different function. Some protect the asset while the parent is alive, and some protect the asset from the parents. Some tools protect the property for the family and others simply protect the asset itself.

I think you need to speak with an attorney that handles estate law. S/he can instruct you on the best tool to achieve your goal.

Regards,

Roger

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Answered on 8/14/07, 1:29 am
Solomon Weinstein Solomon Weinstein, Esquire

Re: Property Deed

I concur with the previous responses. If your deed is in the name of husband and wife as tenants by the entireties. then upon the death of one of you the survivor will have title. A will can provide an answer for succession when you are both deceased. It is generally not a good idea to place your children on the deed with you whether as co owners or in trust as ultimate beneficiaries. The issues can be complicated and there may be instances where some other way of titling the deed would be appropriate. In any event i suggest you make n ppointment with an attorney to discuss your situation. If you would like to schedule a consultation with my office do not hesitate to contact me.

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Answered on 8/16/07, 11:20 am


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