Real estate is precious, unique and poses important planning issues. First, there are different forms of ownership, and they need to be considered carefully when planning your estate.
Some of the different forms of joint ownership in South Carolina are (1) joint tenants with right of survivorship (JTWROS), (2) tenants in common with indestructible right of survivorship (TCROS) and (3) tenants in common.
With the first two forms, probate is avoided, but with TCROS, the home is also protected from lawsuits while the joint owners are living.
TCROS is usually preferable for married couples who want their home protected from lawsuits while both are living and who want the survivor to become the owner automatically, outside of probate, when the first spouse dies.
If you are single and want to avoid probate, owning a home in a revocable trust will avoid probate. You can still get the favorable 4% tax rate.
If you want your children to inherit the home so they do not lose it in a divorce and it stays in your family, you should have your trust direct that the children receive their shares pursuant to the terms of trusts they can control for their own benefit.
You can direct that the home stay in your family, passing to your grandchildren when your children die. You can further direct that if a grandchild inherits when younger than 25 or 30, the grandchild’s share will be held in trust for education and other needs. The trustee can be the biological parent, an in-law or another one of your children.
Second, if your home is paid off and you do not have long-term care insurance, you may need Medicaid.
If your home is paid off, you can take steps now to make sure that if you ever go on Medicaid, the state will not be able to get your house if it seeks estate recovery.
How?
Find out by visiting the BlufftonSun.com to read my latest article.
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