Legal Question in Wills and Trusts in Washington

Re: Adding a child on our home deed

You do not need an attorney to write a deed. However, there are serious repercussions of putting your child on your deed. There is the gift tax that needs to be reported, there may be a period of ineligibility for medicare/medicaid for you and your wife, there will be excise tax on the transfer of the property into all three of your names, and there is the problem of what happens to the rest of your estate upon your deaths. If your child has any creditors, those creditors can come after your house and take it away from you to pay for the child's debts. There is a lot to consider, and talking to a lawyer may cost you a couple hundred dollars, but save you thousands and thousands in the long run.

Also, in order to change the deed to your house, you must have a new one drafted, along with the excise tax affidavit and those are then brought to the recorders office, NOT the court. The court has absolutely nothing to do with how your house is deeded.

If you need any other help, or want to ask more questions, I am available for consulting on an hourly basis.

Caroline R. Suissa-Edmiston