Most people do not think of creating an estate plan before they are in their 40s or even their 50s. However, if you own a home, regardless of the cost of the home and regardless of your age, you should create an estate plan. Even if you are in your 20s, your family could end up losing a high-end home if you are in an accident and become incapacitated or you lose your life. Always contact an experienced estate attorney for help drafting your will and other estate documents, including trusts.
Titling Your Home
In today’s day and age, many people decide to live together without formally getting married. Most closing agents will title your home so that you own one half and your significant other owns one half. In most states, your significant other’s half of the house will have to go through probate unless the house is appropriately deeded. The ways you may title your home include:
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Joint Tenancy: Gives you equal rights to the property. If one party passes, the ownership of that person’s half passes to the surviving tenants. However, if you are not married, you will have an extra step to take if you want to transfer your half to someone not listed on the deed.
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Tenancy in Common: This is the most common way deeds are titled if two people buying a house are not married. Both parties have equal rights to the property. However, if one person passes, their half goes to their heirs and not to the other person on the deed unless that person is an heir. Each person can take out a mortgage on their half without getting permission from the others on the deed. This type of title usually has to go through probate.
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Tenants by the Entirety: Only those legally married may title their home as tenants by the entirety. The house is automatically transferred to the living spouse. The property does not have to go through probate if it is titled as tenants by the entirety.
You may title your home in other ways, though those ways are not as common. Creating a will and a trust, along with titling your home properly, ensures that your half goes to the person you want it to go to, and, if done correctly, could save your spouse or significant other the hassle of going through probate.
Creating a Trust
Many types of trusts exist. When you choose the right type of trust for your situation, you may be able to avoid probate and avoid some taxes when your home transfers on your death. However, the main reason for a trust is so that your loved one may continue living in the home or taking care of the financial responsibility of your home should you become incapacitated. Certain trusts also keep your home and its equity from being eaten up by creditors such as nursing homes and doctors. Always consult an attorney to discuss the complexities of creating a trust and the rest of your estate plan.
About the Author
Kyung Kim
Hi, I'm Kyung Kim. I immigrated from South Korea to the United States in 1968 when I was 7 years old. I have seen my mom struggle with the English language and work hard to raise her four kids by herself. Still to this day, I don't know how she pulled it off, but she bought her first home in 1979 for $70,000 and because of that decision, she was able to live without worrying about her financial future. I want that for everyone, to feel the pride of home ownership and to build their financial wealth using real estate as part of their financial portfolio. I feel so blessed to play a small role in helping others reach this goal.
I live in Beaverton with my husband, Richard. My mom, who lived with us for several years, passed away in our home in February 2022. Her first home purchase in 1979 made it possible for her to live to the very end, without worrying about her finances. As of August 2022 with a little downpayment assistance, our four children own their own homes. Being in real estate, I quickly realized that if they didn't buy now, they may be priced out of the market in the future. Whether that would have been the case, we will never know, but what we do know is that they are all realizing some good, healthy appreciation in their home values.
As passionate as I am about people owning their homes, I'm also passionate about giving back to our community. I support Compassion First, a non-profit organization that provides aftercare for sex trafficked girls in Indonesia. My husband and I also feel called to financially support social injustice organizations.
I'd love to assist you. Whether you're in the research phase at the beginning of your real estate search or you know exactly what you're looking for, you'll benefit from having a real estate professional by your side. I'd be honored to put my real estate experience to work for you.
