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Updated about 5 years ago,
ownership to transfer to brother upon death.
I am sole owner of a single-family property in Ca. IF I die before my 1 and only brother, I want him as 100% owner of the property. I also have 1 son . I am doing a refi and my brother is helping me to qualify as such we have the vesting to be
Joint Tenancy – Must have at least two (2) owners (No Probate if owner passes away)
Joint tenancy requires two (2) or more owners and all owners must take ownership in equal percentages. An advantage of joint tenancy is avoiding the costly and time consuming probate court process in case a joint owner dies. Once a joint tenant passes, the ownership is divided equally to the surviving owner(s).
What is mention in description above is 1 reason we want to get brother "on title" vested as me and bro, single man, joint tenancy. The question is am I solving my dilema?
Next question are there any tax ramifications towards me (gifting?) to brother as I assume after refi he becomes half owner of debt of course but also half owner of the real estate value if we ever sell. Seams like uncle sam would want their hands in the pie some how some way??
Thank you for your advice
Mark Sproesser