When creating an estate plan, many clients ask whether transferring their property to their children while they’re still alive is a smart decision. The answer is “it depends.” Making this transfer can have lasting impacts—both positive and negative—on family dynamics, finances, and estate planning. So, without further ado, let’s dive into the pros and cons of transferring ownership of your home to your kids during your lifetime.

 

Why Would Someone Transfer Their House to Their Children While Still Living?

Transferring ownership of a home to children before death can be motivated by various factors, including estate tax and probate avoidance, Medicaid and long term care planning and ensuring the property ends up in the right hands. While these reasons may sound appealing, it’s important to consider both the pros and cons of such a transfer.

 

The Pros Include:

• Probate Avoidance.  Transferring a house can help avoid probate, which can be a lengthy, costly, and public process. By transferring the home in advance, you may save your family time and money, making it easier for them to access the property without legal hurdles.
• Potential Reduction in Estate Taxes.  By reducing the overall value of your estate (if it exceeds the current estate tax exemption), transferring your home may minimize estate taxes owed upon your death.
• Medicaid Planning / Long Term Care Planning.  If you expect to need Medicaid for long-term care in the future, transferring your home can help shield it from Medicaid’s asset requirements. However, due to Medicaid’s “look-back” period, early planning (currently five years in advance) making this transfer and result in Medicaid disqualification.
• Family & Legacy Reasons. Transferring your home while you’re still around can help ensure that the property stays in the family, especially if it’s a home full of sentimental value. By transferring ownership directly, you may gain peace of mind knowing that the family home will be kept within the family.

 

The Cons Include:

• Loss of Control Over the Property. Once you transfer your home, you are no longer the legal owner, meaning you lose control over decisions related to the property. Your children have the legal right to sell, mortgage, or lease the home unless other legal stipulations (like a life estate) are added.
• Potential Gift Tax Implications. When you transfer a home to your children, it is considered a gift. The IRS has a yearly gift tax exemption limit (presently $18,000 per year, per person), and if the value of the property exceeds this limit, you may have to pay gift tax. Consulting a tax advisor can help clarify the costs based on your specific circumstances.
• Capital Gains Tax Considerations. If your children decide to sell the home after receiving it, they may face capital gains taxes based on the original purchase price (or “basis”). By contrast, if they inherit the home after your death, they receive a “stepped-up” basis, reducing the capital gains tax owed.
• Medicaid Look-Back Period and Eligibility Risks. Medicaid has a “look-back” period, generally five years, which reviews past asset transfers to determine eligibility. If you transfer your home too close to the time you need Medicaid, you could be penalized and temporarily disqualified from coverage.
• Family Tensions and Responsibility Transfer.  If you transfer your home to multiple children, it may create conflicts over how to manage or use the property. Ownership responsibilities like maintenance, taxes, and repairs would also fall to your children, which could be a burden if they lack the resources to manage these costs.

 

Alternative Options to Consider When Transferring Your Home

If transferring your home to your children during your lifetime doesn’t seem like the right fit, consider these alternatives:

• Life Estate. This allows you to transfer the home but retain the right to live in it for the rest of your life. This can help avoid probate while giving you control over the property.
• Living Trust. Placing the home in a living trust can provide flexibility, avoid probate, and potentially reduce tax liabilities. A revocable living trust allows you to retain control, while an irrevocable trust may provide more robust tax and Medicaid benefits.

 

Work With An Experienced Estate Planning Attorney

Transferring your house to your children while you’re alive can provide financial, legal, and emotional benefits, but it’s not a one-size-fits-all decision. The decision ultimately hinges on your family’s unique needs, the tax and financial implications, and your long-term care plans. Consulting with an experienced estate planning attorney can help you weigh the pros and cons and determine the most strategic path forward for your family and legacy.