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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33716
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I added my son's name to the title of my house, I am making

Customer Question

I added my son's name to the title of my house, I am making mortgage payments, but have equity in it. That is the total of my estate. How can I avoid probate in Idaho, or should i?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Idaho.
JA: Has anything been filed or reported?
Customer: no i am still alive.
JA: Anything else you want the lawyer to know before I connect you?
Customer: the value of my house/lot is under $100,000.
Submitted: 30 days ago.
Category: Estate Law
Expert:  Barrister replied 30 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Did you add son as a "joint tenant with right of survivorship" on the deed?

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thanks

Barrister

Customer: replied 30 days ago.
We are listed as either/or. It was done at the county title co.
Customer: replied 30 days ago.
my son is not a joint tenant.
Expert:  Barrister replied 30 days ago.

Ok, then if it says either/or, that means that you are joint tenants.. So if either of you passes, the survivor becomes the instant owner of the entire property without any further action..

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So that asset wouldn't have to go through probate and would go directly to son if you passed first.

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thanks

Barrister

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