Currents April 2019 April 2019_Currents web | Page 13
Currents
April 2019
By: Martin Zevin, P.A.
Avoiding Probate on Your Home
There are several ways to avoid probate on your
home when you die. If you are single, there will be
probate when you die unless you choose one of the
following options. If you are married and own your
home together, your surviving spouse will not have
probate; however, there will be probate when the
second of you passes away,
unless one of these options is
done.
Let us assume that you own
your home jointly with your
spouse and that you have two
children. Both of you desire to
have your two children inherit
your home equally when you both
pass away.
The first option would be to
add the names of your two chil-
dren to the Deed as joint tenants
with right of survivorship. This is
not a good idea. It would affect
your ability to claim your full
homestead exemption. In addi-
tion, you lose control of your
property and can only sell it if
your children both agree and sign
all closing documents. If you
wanted to take one of the children
off the Deed, you would be
unable to do so. If one of your
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