Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. He is author of the ABA's book "Wills and Estate Administration. Kenneth Vercammen & Associates,
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500 More information at www.njlaws.com/

Wednesday, April 06, 2022

TURNING HOUSE OVER TO CHILDREN OUTRIGHT SO YOU DON’T OWN IT ANYMORE

 TURNING HOUSE OVER TO CHILDREN OUTRIGHT SO YOU DON’T OWN IT ANYMORE

 

4 Benefits:                                      

 

(1) Avoid nursing home costs/ Medicaid getting the house if you have to go into nursing home AFTER 5 years

 

 

(2) Gives responsibility/ up keep to children

 

 

(3) Transfers property to avoid probate

 

 

(4) Children responsible for taxes

 

 

(5) If child dies, who gets the house

 

 

  Major Problems:

(1)         Children/ new owners can kick you out and sell the house

(2)         (2) If children don’t pay taxes or sewer charges, town can foreclose

(3)         (3) If there is lawsuit against children, lose house or lien

 

(4) Lose senior citizen and/or veterans tax, life line, homestead

 

 

(5) If child does not live in house,   high capital gains tax

(6) If child dies, the child’s heirs can kick you out and sell the house