Legal Question in Wills and Trusts in Pennsylvania

Re: Leaving house to son

It's always a good idea to try to avoid probate. One way that you can pass your house to your son outside of probate would be to do a new Deed to the property while you are living. There are several possible ways to do this. You could have a Deed prepared where you add your son on and you and he own the property "Jointly with Right of Survivorship". That way he would own 100% of the property at your death without same having to pass through probate. However, joint ownership does come with certain risks. If your son is not financially prudent or you are concerned that he could get sued by someone, then joint ownership might not be the best route for you.

Another possiblity would be to have a new Deed prepared wherein you specify that you are retaining a "Life Estate Interest" in the property and you name your son as having the remainder inerest in same. This also avoids probate, but it provides you with a little more insurance. Namely, even if your son got in trouble financially and someone took a judgment against him, they would still not be able to interfere with your life estate interest in the property.

There are otherways as well to avoid probate. Another possibility would be to re-title the property into the name of a Revocable Living Trust that we would create on your behalf. In any event, if you would like to discuss this matter further with me, please feel free to contact me directly either through our website at www.americanwillsandestates.com or at [email protected]. Thank you.

Lloyd A. Welling, Esq.