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Updated about 2 years ago on . Most recent reply

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Edwin De leon
  • Investor
  • bronx, NY
41
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265
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If I Buy House and Something Happens To Me Right Away .... Question

Edwin De leon
  • Investor
  • bronx, NY
Posted

What would happen if I buy a house, and will it to my 4 kids, and I were to pass away suddenly within a year or so, which means if I buy a house through VA LOAN with no money down, there will be very little equity on property, and the house now is willed to my 4 kids.

Lets assume, I experienced sudden death within 1 year of the purchase...

1) when the house gets passed to my children on my will, and there is no equity in property or very little since it was a recent purchase with no money down to buy it through VA LOAN, there are 4 kids would i have to assign one name on the title of the property or place all their names on title of property in case of sudden death to me.

2) what legal problems may they experience if the house is willed to them and there are problems keeping up the mortgage for whatever reason, can the bank come after my kids personally and hold them responsible and report them to credit bureaus and ruin their credit

3) what other problems may occur that I am not thinking about that can happen to my kids if I all I leave them is  a BIG DEBT with a BIG HEADACHE 

Most Popular Reply

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Jeff Copeland
  • Real Estate Agent
  • Tampa Bay/St Petersburg, FL
2,065
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1,836
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Jeff Copeland
  • Real Estate Agent
  • Tampa Bay/St Petersburg, FL
Replied

My first question is do you have life insurance? You might consider increasing your life insurance coverage to account for the mortgage, so your estate is net positive, and so your executor can make the mortgage payments while your estate is settled. 

Your heirs would inherit the asset at it's value at the time of your death, called a stepped up basis (which is one reason you might not want to put them on the title beforehand, otherwise they would get hit with a larger capital gain if/when they sell it). 

So if it's worth $500k, and $500k is owed on the mortgage, their best option might be to sell it and just dispose of the asset and break even. But of course that depends on a lot of factors, such as how much it would rent for, and whether they might need to live in it. 

I do not believe the mortgage would affect their credit if it were to go into default before your heirs take possession of it or assume the mortgage. It could become a foreclosure wrapped up inside a probate case. 

This highlights one of the risks of VA loans. Veterans often finance 100% of the purchase price, and many even roll the VA funding fee into the loan, which leaves them upside down on day one. This is not too bad in an appreciating market. But if the market takes a dive it can leave them in a pickle if they need to sell, or in a case like you described.

I'd suggest doing some estate planning with an attorney and mapping out a comprehensive strategy that takes into account your assets, liabilities, and insurance. 

  • Jeff Copeland

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