Should I Put the Kids on Title (to My House)?

NO!

That's the worst idea ever!

I hear it all the time. "We have 2 grown kids. We are getting older. we want to put the kids on title to our home."

Why does it happen so often? What is the problem?

Mom and Dad own a home. They want to help the kids avoid Probate. That's a good thing to avoid. How can we avoid it? "Let's put the kids on as Joint Tenants. Then when we / I die, they get it automatically without Probate."

TERRIBLE idea!

Let's simplify this even more: Dad died. Mom is alone and feeling mortal. She has 1 child: a grown Son. He is a good Son. Attentive. Caring. Helpful.

If Mom puts him on title as a Joint Tenant, when Mom dies Son automatically inherits without Probate.

What can go wrong?

Son, now an owner, can:

voluntarily evict Mom;
force sale of the property; or
take other adverse actions.

When I explain these risks to a client, the answer invariably is: "MY Son would NEVER turn against me. He is wonderful and would never voluntarily hurt me."

But what about involuntary actions:

What if Son is DIVORCED and his ex-wife ends up owning a part of Mom's house. The ex HATES Mom. (For years she heard how much better a cook Mom is.) The ex-wife does some of those voluntary nasty things.

What if Son is SUED (for a business / personal problem) and then Son's creditor seizes Son's half of Mom's house?

What if Son DIES and leaves his half to his Wife?

What if Son has an IRS lien?

All of these issues are potential danger points for Mom.

What is the benefit for Mom? Nothing, unless she dies. Mom's death was the whole point of putting Son on title in the first place: avoiding Probate when Mom dies.

The better way to avoid Probate with no risk to Mom is a Living Trust.

Obviously, if Mom has 3 kids, and puts all of them on title the risks are tripled.