What should I do here? (Title/deed questions)

What should I do here? (Title/deed questions)

Investor · San Francisco, CA · Member since 2016 · 314 posts · 153 votes

I have a property that is currently owned by someone I trust 100% not to screw me. Seriously, they won't. 

The title to the property is currently in their name, and they are willing to either 

1: Sign the title over to me.

2: Leave it in their name. 

In either case I would take over everything to do with renting+maintaining the property, and, if it remains in their name, they would add me to their will so it goes through probate easily. Neither option will cost me any money, aside from (minor) attorney fees (and possibly a small tax bill for income tax). The property is 100% owned by them (no mortgage or financing on it).

I'm currently outside the income level bracket where I can take losses on property (I could only use it to offset other passive income). 

A mortgage broker I talked to recommended I leave it with the other party, since it's one less headache I need to deal with when submitting mortgage paperwork. 

I realize this is probably a bit outside the normal question around here, and it might be better if I talk to an attorney or CPA about my options and which would ultimately be better, but I figured I'd get some preliminary thoughts / figure out what questions I should ask them...

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Lender · Greater LA/Orange County area, CA · Member since 2012 · 3k+ posts · 3k+ votes
10y

Ok. I'm convinced they won't harm you...intentionally.

Was there a question buried in there?

How much money will you be parting with?

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  • Lender · Greater LA/Orange County area, CA · Member since 2012 · 3k+ posts · 3k+ votes
    10y

    Ok. I'm convinced they won't harm you...intentionally.

    Was there a question buried in there?

    How much money will you be parting with?

  • Investor · San Francisco, CA · Member since 2016 · 314 posts · 153 votes
    10y

    My question is which option makes more sense for me to take? 

    (Either have the deed transferred to me, or leave it with the original party) there's (basically) no cost to me for either option -- the only potential cost is figuring out a way to avoid having to pay income tax on it if the deed is effectively gifted to me. 

  • Frankfort, IL · Member since 2016 · 1 post · 1 vote
    10y

    Have them deed it to you now.  No hassles with a will and going through probate.  There could always be an heir that somebody forgot about. 

    I am an escrow agent at a large title company in Chicago.  Examiners and closers like property deeded to them individually and no surprises when they are ready to close.

  • Investor · Daphne, AL · Member since 2014 · 1k+ posts · 242 votes
    10y
    Always better to have it deeded than to have a promise. Good luck.
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