行为 & 宾夕法尼亚西部的财产转让律师
Property 而且 deed transfers are a critical part of the estate planning process. 遗产及长者法 & 遗产规划, our office h而且les hundreds of property transfers a year. We have the skill 而且 experience necessary to guide you through even the most complex parts of estate planning, 包括转让财产. 联系 our office today to learn how our property 而且 deed transfer attorneys can help.
How important are 的行为 而且 财产转移 when preparing an estate plan?
A very common type of property transfer is to deed the house to a child. Often families come in 而且 say, “I have heard that I need to give my house to my children.” It’s true that there is a benefit in planning for long-term care by dissipating assets or giving assets away. By doing this it will start the five-year look-back period of time to start. At the end of this five-year period, you could be eligible for medical assistance. 详情请参阅 资产保护 而且 医疗补助部分 访问我们的网站了解更多信息.
When planning for long-term care, we often talk about preparing for a skilled nursing facility. 然而，我们的一些家庭从来没有成为专业护理人员. 亲人是否需要支付个人护理费用, under Pennsylvania law the only way to pay is privately out-of-pocket or with long-term care insurance, 你是否足够幸运，有资格或负担得起.
不幸的是, the house is often the last asset remaining as people approach their final years of life. The value of the house can become the only asset available to ensure a good quality of life or maintain a decent st而且ard of living should a loved one not be in a nursing home 而且 wants to be taken care of at home. All too often, when a house is transferred to a child, it is done so inappropriately. Once that transfer has occurred, there is no way to forcibly have the transfer come back. We have seen many cases where a house has been transferred to a child or another family member 而且 the house is either modified or sold out from underneath the person who transferred the house, 完全不考虑病人的长期护理需要.
我们在遗产基金会有句老话:“永远不要放弃一艘船。.” It is uncommon for us to recommend a planning strategy where we give assets directly 而且 outright, 尤其是涉及多个孩子的不动产. In very rare cases, it is appropriate to transfer a house outright to a child. 但是，这超出了本节的解释范围. 再一次, our general advice is to never give up the ship just in case you or your loved ones have personal care needs later in life.
We routinely do transfers of deeds for real estate sales or transfers between family members. 然而，有多种方式可以转让契据. 默认情况下, 在宾夕法尼亚州, 当你将一份财产转让给一对夫妻时, 这是共同签署的. If one spouse passes away, the surviving spouse will own the entire property. This is sometimes referred to as rights of survivorship or by a tenancy of the entireties. 然而, 当你将财产共同转让给除夫妻以外的任何人时, 你拥有所谓的共有财产. A tenancy in common means that there are two owners 而且 they own an equal interest in the property, 但是你所拥有的财产的哪一部分并没有明确的定义. This becomes problematic when we have multiple owners on parcels of l而且 or a wooded acreage. A farm is another common piece of property where these points become difficult to work out. 例如, who owns the northern half of the pasture or the southern part of the farm that has the creek 而且 the low lying hunting grounds? 有时很难确定, 而且 although when the property was transferred the family members were on the right page, when you pass away there is no surviving right to the other joint owner.
Therefore, if I own a piece of property with my brother 而且 I pass away, my wife now owns my portion. My wife 而且 brother may have a different underst而且ing of what should be happening to that property or what it might be worth. 根据我们在Heritage的经验, this is a common reason why properties end up in tax sale: There are multiple owners with no defined goal or strategy that have to manage the property 而且 pay for the taxes. 由于沮丧, 每个人都举手投降，没人交税, 是什么导致属性返回到政府.
有多种方法可以防止这种情况, 通常是通过签订合同或选择另一种所有权方式. 不管解决方案是什么, it is best to deal with the issues before we lose control of the situation 而且 bring in parties that may not be able to agree in the future.
联络文物及长者法 & 为您的契约转让需求进行遗产规划
Be careful not to give up the ship 而且 avoid creating a family problem with real estate by not underst而且ing the implications 而且 the outcomes of a deed transfer. 这只是财产转移的两三个高级概念, 但是还有许多其他方式可以转让财产. 每一种都有其优点和缺点. To learn more about property 而且 deed transfers for your particular situation, 联系 遗产及长者法 & AG亚游集团官方网站APP.