Should mom add her son's name to the deed to her house?

Typically you should NOT add your child's name to the deed to your house. Use a living trust, enhanced life estate deed, lady bird deed or beneficiary deed to avoid probate on your home.

Attorney Tom Olsen: JC, you're on WDBO, go ahead.

JC: Hi, good morning. The question I have is my older brother had passed away, he was the executor of my mom's will. The question is, she was getting over an age, she's about 84 and she was wanting to put me on her deed for probate, that we don't have to go through the probate, I can just-- The house will be put over to myself.

Attorney Tom Olsen: Right.

JC: The question I have is, in her putting me on her deed would that be something on my taxes that I would have to-- [crosstalk]

Attorney Tom Olsen: JC, do you live in in that home as well, JC?

JC: No, I have my own place which I have a mortgage on.

Attorney Tom Olsen: JC, here at the Olsen Law Group in Orlando, we are all about helping people to avoid probate. JC, do not have your mom add your name to the deed to her home. Flat out, I can give you a lot of good reasons. I'm just telling you don't do it, but we do want to avoid probate on your mom's home and for that, we're going to use a tool called a ladybird deed. It's a deed that we would prepare. It would state that as long as your mom is alive it is her home to do with as she pleases, but upon her death, it would automatically go to you. No headaches, no hassles, no probate.

JC, forget about adding your name to the deed. Do do a ladybird deed, also known as an enhanced life state deed, as a tool to avoid probate on her home. You're on the right track, we just need to use the right tool for you. JC, good news, we have a free booklet on ladybird deeds and how they work and if you want a free booklet on ladybird deeds, the easiest way to do it, go through our website olsenlawgroup.com. Scroll down on the first page, you'll see pictures of those booklets, and then fill out your name and address. We'll be happy to mail it to you. Do you recommend that?

JC: I have a separate question. She has put me on her savings account, so I'm already on her bank account. Is that good for the probate or is that for when she passes away?

Attorney Tom Olsen: Do you have any other siblings, JC?

JC: My older brother, who just passed away, and then I have a younger brother. She wants me to become the executor. My elder brother had passed away this year.

Attorney Tom Olsen: Okay, JC, I would prefer that you not be co-owning your accounts with your mom. I would prefer that your mom keep her accounts in her name only, but as a tool to avoid probate on those bank accounts, she would make them P-O-D, payable on death to you and your sibling and possibly to the children of your deceased sibling.

JC: Okay.

Attorney Tom Olsen: Yes, JC. Go ahead.

JC: Would it be a good thing to call Holly now? To get that information or to set up an appointment?

Attorney Chris Merrill: You sure can. Go right ahead, give her a call right now at 407-423-5561 and Holly can further answer your questions and then she can help you to take the next step,

either getting the booklets or setting up an appointment.

Attorney Tom Olsen: JC, thank you for calling.

JC: I appreciate your time.

Attorney Tom Olsen: You're very welcome, JC. Folks, my name is Tom Olsen and the name of the show is Olsen on Law. We have Ron holding on from Castleberry. Ron, if you'll continue to hold, we'll get to you after the break. You're listening to WDBO.