Can I Avoid Probate by Adding My Children to My Deed?
Adding children as owners of the house is not a good idea. If they divorce, die, file bankruptcy, or have some other type of tragic occurrence, then you could lose your house. We can add something to the deed called a transfer on death affidavit, but that has weaknesses, too. If one of those beneficiaries under that affidavit dies, then the survivors would take the house. Then the children of the deceased beneficiary would take nothing, so you would end up disinheriting those grandchildren. Moreover, if a transfer on death beneficiary is in a bankruptcy or divorce, then their inheritance could be jeopardized when you pass on. Although a TOD affidavit is an inexpensive alternative, one must understand it has these risks. However, if you use a trust to hold the house and then distribute it at death through the trust, it’s a much sounder alternative that gets around these problems.