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We would like to have our daughter added as owner on our…

Customer Question
We would like to...

We would like to have our daughter added as owner on our home. What is the best way to do this to protect our home from tax lien?

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

No not yet. We had a trust in CA but it was never updated.

Lawyer's Assistant: Have you talked to a CA lawyer about this?

No. We live in AZ. The lien would be filed against our home in AZ.

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

We are 83 and 76 years and not in good health. Would like to protect our home.`

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 12 hours by:
4/3/2018
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 5 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 23,188
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 5 months ago

I am so sorry to read about you are not in good health. Best wishes,

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 5 months ago

I am sorry, but I do not understand your question about tax lien.

Are you referring to property tax or income tax lien?

Kindly explain a little more.

Thank you for your cooperation.

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Customer reply replied 5 months ago
We owned a retail business in CA that failed. We had to file both a personal and business bankruptcy. The tax lien is for sales tax owed. They have said that they will file a lien against our home in AZ. This home was purchased with funds we were allowed to keep through the federal homestead act when our home in CA sold. We had to invest this money in another residence within six months or lose it. We thought possibly putting the deed in our daughter’s name would help. Please advise.
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 5 months ago

Thank you for the information.

I am sorry for the delay in getting back to you. I was offline when your response came in.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

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Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 5 months ago

We owned a retail business in CA that failed. We had to file both a personal and business bankruptcy. The tax lien is for sales tax owed. They have said that they will file a lien against our home in AZ. This home was purchased with funds we were allowed to keep through the federal homestead act when our home in CA sold. We had to invest this money in another residence within six months or lose it. We thought possibly putting the deed in our daughter’s name would help. Please advise.

Response: This is a bit problematic because any transfer now may be considered by State of California as fraudulent transfer because of the pending sales tax lien. However, you can try to prevent the lien on the property by deeding the property over to your daughter without retaining any interest in the property and let the State of California challenge the transfer if they deem that necessary. You would use your current Deed as a template. You and your spouse would be the Grantors and your daughter the Grantee for love and affection as consideration. The Deed must be signed by you and your spouse in front of a Notary Public. Then the fully executed and notarized Deed recorded at your Registry of Deeds.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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