行为 & 服务宾夕法尼亚州西部的财产转让律师
Property 和 deed transfers are a critical part of the estate planning process. 遗产长者法 & 遗产规划, our office h和les hundreds of property transfers a year. We have the skill 和 experience necessary to guide you through even the most complex parts of estate planning, 包括转让财产. 联系 our office today to learn how our property 和 deed transfer attorneys can help.
How important are 的行为 和 财产转移 when preparing an estate plan?
A very common type of property transfer is to deed the house to a child. Often families come in 和 say, “I have heard that I need to give my house to my children.” It’s true that there is a benefit in planning for long-term care by dissipating assets or giving assets away. By doing this it will start the five-year look-back period of time to start. At the end of this five-year period, you could be eligible for medical assistance. 请参阅 资产保护 和 医疗补助部分 浏览我们的网站了解更多.
When planning for long-term care, we often talk about preparing for a skilled nursing facility. 然而，我们中的一些家庭最终没有成为熟练的护理人员. 亲人是否需要为个人护理付费, under Pennsylvania law the only way to pay is privately out-of-pocket or with long-term care insurance, 你是否足够幸运，有资格或负担得起.
不幸的是, the house is often the last asset remaining as people approach their final years of life. The value of the house can become the only asset available to ensure a good quality of life or maintain a decent st和ard of living should a loved one not be in a nursing home 和 wants to be taken care of at home. All too often, when a house is transferred to a child, it is done so inappropriately. Once that transfer has occurred, there is no way to forcibly have the transfer come back. We have seen many cases where a house has been transferred to a child or another family member 和 the house is either modified or sold out from underneath the person who transferred the house, 不考虑病人的长期护理需求.
我们Heritage有句俗语:“永不弃船。.” It is uncommon for us to recommend a planning strategy where we give assets directly 和 outright, 尤其是涉及到多个孩子的房产. In very rare cases, it is appropriate to transfer a house outright to a child. 但是，这超出了本节解释的范围. 再一次。, our general advice is to never give up the ship just in case you or your loved ones have personal care needs later in life.
We routinely do transfers of deeds for real estate sales or transfers between family members. 然而，有多种方式可以转让契约. 默认情况下, 在宾夕法尼亚州联邦, 当你将一块财产转让给一对夫妻时, 这是共同决定的. If one spouse passes away, the surviving spouse will own the entire property. This is sometimes referred to as rights of survivorship or by a tenancy of the entireties. 然而, 当你将财产共同转让给丈夫和妻子以外的任何人时, 你有所谓的共有财产. A tenancy in common means that there are two owners 和 they own an equal interest in the property, 但它没有明确定义你拥有财产的哪一部分. This becomes problematic when we have multiple owners on parcels of l和 or a wooded acreage. A farm is another common piece of property where these points become difficult to work out. 例如, who owns the northern half of the pasture or the southern part of the farm that has the creek 和 the low lying hunting grounds? 有时很难确定, 和 although when the property was transferred the family members were on the right page, when you pass away there is no surviving right to the other joint owner.
Therefore, if I own a piece of property with my brother 和 I pass away, my wife now owns my portion. My wife 和 brother may have a different underst和ing of what should be happening to that property or what it might be worth. 根据我们在Heritage的经验, this is a common reason why properties end up in tax sale: There are multiple owners with no defined goal or strategy that have to manage the property 和 pay for the taxes. 由于挫折, 每个人都举手投足，没人纳税, 这导致财产回到政府手中.
有多种方法可以防止这种情况发生, 通常是通过签订合同或选择另一种所有权方式. 不管怎样解决, it is best to deal with the issues before we lose control of the situation 和 bring in parties that may not be able to agree in the future.
联系遗产长者法 & 遗产规划，为您的契据转让的需要
Be careful not to give up the ship 和 avoid creating a family problem with real estate by not underst和ing the implications 和 the outcomes of a deed transfer. 这只是财产转让的两三个高级概念, 但还有很多其他方式可以转让财产. 每一个都有它的优点和缺点. To learn more about property 和 deed transfers for your particular situation, 联系 遗产长者法 & 推荐十大正规网赌网站.