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How do I set the deed to my home to transfer to my daughter…

How do I set...

How do I set the deed to my home to transfer to my daughter when I die, without a will?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Nothing done yet. Deed and mortgage in my name only. I am 73

Lawyer's Assistant: Where is the home located?

100 Trenton Pl. York SC

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My o

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Answered in 5 minutes by:
3/21/2018
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Unfortunately SC does not offer a transfer on death deed which would allow the property to pass by operation of law to the named beneficiary.

As such the options are:

1. to probate the property and name the desired heir in the will

2. set up a revocable trust and list the house as an asset and leave it to the desired person. This avoids probate.

3. gift part of the home and hold the home as joint tenants with right of survivorship. This does have negative tax consequences in many cases since IRC 1014a allows an heir to wipe out any capital gains that occurred prior to death so there is no need to pay capital gain taxes on pre death appreciation. This is not an option for gifts of real property.

https://www.irs.gov/faqs/interest-dividends-other-types-of-income/gifts-inheritances/gifts-inheritances

There are other risks as well, such as third party creditors being able to access the home, eligibility for medicare, etc.

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Customer reply replied 1 month ago
How much does it cost to set up revocable trust? And, are there any attorneys in York, RockHill area?
I don’t drive far
Customer reply replied 1 month ago
On limited income, and saved for this texting

Generally prices vary depending on number of assets and complexity. If a small estate it can be as low as $500. One moment please.

Many state attorney general offices have advisories about "trust mills" that often advertise on tv/internet; please see:

https://oag.ca.gov/consumers/general/living_trust_mills

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Please ignore the phone call request; that is auto generated and I don't participate in that; one moment please.

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This nonprofit may be able to provide a referral:

https://www.lawhelp.org/sc/organization/south-carolina-legal-services-rock-hill/senior-citizens/health-care-for-seniors?ref=xRn96

legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Thank you so much! Will follow up with resources you gave. Have a blessed day.

You are most welcome;

thank you for taking the time to rate positively;

Enjoy your day as well!

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legalgems
legalgems
legalgems, Arbitrator
Category: Real Estate Law
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