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Dear Client:
Many people think it's a good
idea to put their child's name on the title to
their home. Sometimes the parent adds the
child's name to the title and sometimes the
parent changes the title to the child's name.
This is generally a very bad idea. Here
are five reasons why:
| 1. |
Gift
tax return: If you give your child
a gift of equity in the home that
exceeds $11,000 in value, there may be a
gift tax to pay and a gift tax return to
file. |
| 2. |
No
gain exclusion: Tax law allows a
taxpayer to exclude up to $250,000 of
the gain on the sale of a principal
residence ($500,000 for a married
couple). However, the exclusion is
only available if the seller owns and
occupies the property for a least two
out of the last five years. If the
child does not live in the home for that
period, the gain on the child's share of
the home is fully taxable. |
| 3. |
Equity
subject to debts of the child:
Property is subject to the debts of its
owners. If the child owns the home
or is a partial owner, a creditor may
file a lien on the property for any of
the child's debts. Although your
child may have excellent credit and good
fiscal responsibility, your home could
be lost if there is an accident or a
lawsuit. |
| 4. |
You
are now a renter: If you give 100%
of the property to a child, you are now
at the mercy of the child. If the
child decides to sell the property, you
must move out. There is no
guarantee that the child will continue
to care for you. |
| 5. |
Medicaid
problems: Under some
circumstances, the gift of the home to
the child could be considered a gift for
Medicaid purposes. If you give the
home to the child and the child
subsequently sells it, you could be
ineligible for Medicaid benefits in the
event of a long-term health crisis. |
What should you
do instead?
Usually a
parent gives the home to the child to make
sure that the child easily gets the home at
the parent's death or so the child can manage
the affairs of the parent. If this is
the case, the parent will be better served by
establishing a living trust, along with powers
of attorney, so the child can manage the
parent's affairs.
If the reason
is to help the child buy his or her first
house, a better way is to lend the child money
with a low but reasonable interest rate, and
set up a program to give annual gifts in the
form of principal forgiveness.
If you are
considering giving your home to your child,
contact me so we can discuss alternatives.
| Sincerely, |
 |
| Your
financial professional |
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