A Smarter Way to Pass Down Your Home

For many families, a home isn’t just a place to live; memories are made, milestones are celebrated, and traditions are passed from generation to generation. So, it’s only natural to want to keep that home in the family.

That’s why one of the most common questions we hear is:
“Should I just add my child or relative to the deed to make things easier?”

It’s a well-meaning idea. But while it might feel like a simple fix, putting someone else’s name on your deed can unintentionally open the door to financial, legal, and emotional complications.

Why Adding Someone to Your Deed Deserves a Second Look

We often hear from people who wanted to avoid probate or reduce paperwork and figured this was the easiest route. But here are a few things that usually come up afterward:

• Your home could become vulnerable to someone else’s problems.
  If the person you add faces a lawsuit, divorce, bankruptcy, or other financial issues, your home may become part of the legal equation, even if you still live there and are covering the bills.
  
• You could face unintended tax consequences.
  Adding a name to your deed may be considered a “gift” under IRS rules. That can bring gift tax filings into the picture and complicate your broader estate plan.
  
• You lose some control.
  Once someone’s name is on your deed, they typically need to sign off on refinancing, selling, or changing how the home is managed. If their circumstances or relationship with you change, things can get tricky.
  
• It may not accomplish your ultimate goal.
  While this move may avoid probate for the home specifically, it doesn’t offer the long-term control, privacy, or flexibility many families seek.
  

A Trust: The Better Way to Keep the Home in the Family

Placing the property in a trust is often a better and safer approach if you intend to keep your home protected and eventually transfer it to loved ones smoothly.

A revocable living trust allows you to:

✔ Maintain full control over the home during your lifetime
✔ Avoid probate court entirely
✔ Provide clear instructions for how and when the home should pass to loved ones
✔ Protect the home from potential claims or delays
✔ Coordinate seamlessly with the rest of your estate plan

And it all happens privately, without the need for court oversight.

Protecting the Home You’ve Built

Whether it’s your first home, a long-time family cottage, or the house where your grandkids come to visit, you deserve peace of mind knowing that the transition to the next generation will be smooth and stress-free.

At Rutkowski Law Firm, we help families take the guesswork out of decisions like these. Our team can walk you through your options, explain the pros and cons, and help you choose the right path for your family.

Let’s find the right solution for your home and your legacy.
Book a consultation with our team today and get clear, practical guidance—no pressure, just peace of mind.