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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55447
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I am trying to prepare a real estate deed adding a married

Customer Question

I am trying to prepare a real estate deed adding a married son...but not his wife or child to the current owners deed in that possible and what wording do I use....was told to do a quit claim deed but don't want any survivor ship benefits to go to the wife/child. This is a father and son and the son needs to have his name on the deed in order to qualify for a construction loan.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 1 year ago.

Jodie...Yes, you can do this; you have a couple of options. You can transfer an undivided ownership percentage interest to your son as his sole and separate property as a joint tenancy with right of survivorship so that if he died first, his interest would go to the other owners. BUT, that wouldn't prevent him from then transferring the interest once he owns it. To best accomplish your purpose, you would set up an irrevocable trust for the benefit of your son for his life and then upon his death provide for his interest to go where you want. Then, you would transfer the interest in the property to the trust rather than the son directly.

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