No probate for me

Bossman

Dryer sheet aficionado
Joined
Jan 24, 2011
Messages
36
The wife and I are in our mid 60's and we have a modest estate along with our primary residence. The house is currently in both our names. We are trying to simplify our finances so that our single child will not be burdened with settling the estate. Therefore, every single investment and banking account have both primary and contingent beneficiaries. The remaining asset (primary residence) is in New Jersey and it appears that the only option to avoid probate is either a Revocable Living Trust or modifying the house deed to reflect joint tenancy with right of survivorship.

Am I missing any option for the house and would anybody opine on the benefits of the trust vs. joint tenancy.

Thanks!
 
Trusts can get messy, and It is not worth the legal fees to set it up for just the house.. How is your house held now? Normally, it is held as tenants in common or JTROS, as I recall.
In our case, we have beneficiaries and contingent beneficiaries on all our liquid assets. The house is in JTROS.
 
The wife and I are in our mid 60's and we have a modest estate along with our primary residence. The house is currently in both our names. We are trying to simplify our finances so that our single child will not be burdened with settling the estate. Therefore, every single investment and banking account have both primary and contingent beneficiaries. The remaining asset (primary residence) is in New Jersey and it appears that the only option to avoid probate is either a Revocable Living Trust or modifying the house deed to reflect joint tenancy with right of survivorship.

Am I missing any option for the house and would anybody opine on the benefits of the trust vs. joint tenancy.

Thanks!

I don't know much abut joint tenancy, but I can say that my dad having a trust with the property in it - the only thing in the trust - sure made my life a lot easier when he passed away.
 
If goal is for your sole child to inherit the house upon demise of you and wife, JTWRS will not do that "unless" the child is named as one of the joint owners. That is often said to be a no-no by planners, as anyone going after your child's assets (maybe an at fault car accident of child's, maybe child's bad business dealing, etc.) could then go after your house.

I would research whether New Jersey allows TOD form of real estate title where you could name your child as beneficiary for "Transfer on Death". If not, then your child must probate your estate including the home upon your and wife's demise. Maybe that's ok with you maybe not.

Other alternative is revocable living trust, with the house for sure titled in name of you and your wife as trustees of the RLT and child named as trust beneficiary. RLT's are "not" messy, and not necessarily expensive. My wife and I had complete package of "final estate" documents prepared (Medical advance directives, durable power attorney, RLT, pour-over will, etc.) for $2500 four years ago. My wife passed two years ago. Not much for me to do at that point. When I pass, "no" probate or probate delays will be needed. All assets will pass easily, quickly (as in almost immediately), directly, "privately" direct to three kids. And no probate expense which would cost far more than $2500. In the meantime, while I am still alive, if I become incapacitated or otherwise unable to manage my own financial or medical affairs, the package of documents gives my kids authority to handle things for me. No need for expensive or time-consuming process getting conservatorship established.

I would suggest an RLT. Benefits while you are still alive, and benefits after your passing.
 
New Jersey does not allow real estate to be transferred with transfer-on-death deeds, which is a bummer. I did not realize that adding my child to the deed would allow anyone going after my child's assets (maybe an at fault car accident of child's, maybe child's bad business dealing, etc.) could then go after your house.

Thanks for the info, which is why I find this forum of value. At this moment, it looks like I am either going to just let the house go into probate (NJ has reasonable probate costs, but issues can always arise) or will reach out to an attorney to write up a revocable living trust.
 
The wife and I are in our mid 60's and we have a modest estate along with our primary residence. The house is currently in both our names. We are trying to simplify our finances so that our single child will not be burdened with settling the estate. Therefore, every single investment and banking account have both primary and contingent beneficiaries. The remaining asset (primary residence) is in New Jersey and it appears that the only option to avoid probate is either a Revocable Living Trust or modifying the house deed to reflect joint tenancy with right of survivorship.

Am I missing any option for the house and would anybody opine on the benefits of the trust vs. joint tenancy.

Thanks!

Get a trust.

With the above plan you are only planning for death. What about incapacity?

As for JT you don't get a full step-up in basis at death so generally not a good plan.
 
I am finalizing my father's estate in Massachusetts. Since he had set up all of hs investments with beneficiaries, the only real item to deal with was one piece of property. Due to Covid, it took close to a year to settle, but the legal fees were just under $4,000. I thought that was reasonable.
 
... or will reach out to an attorney to write up a revocable living trust.
Suggest you reach out to an attorney for advice. Maybe your home-made estate plan is not optimum.
 
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