If you choose to put your house in an irrevocable trust that names your children as the beneficiaries, the property will no longer be part of your estate when you die. By removing it, there will be no estate taxes charged in the transfer and the property will not be subject to Medicaid estate recovery.
Parents and other family members who want to pass on assets during their lifetimes may be tempted to gift the assets. Although setting up an irrevocable trust lacks the simplicity of giving a gift, it may be a better way to preserve assets for the future.
I would put the house in a trust with you named as the beneficiary. The pros with that is that it bypasses probate and you will inherit the stepped up cost basis of the home. In contrast, if grandma deeded the home to you either as a partial owner or sole owner, you would inherit her original cost basis.
Beneficiaries may need to pay out-of-pocket for ongoing expenses like property taxes, utilities, insurance and general upkeep. Also, the probate process is a matter of public record. This means that the details of your estate, including information about your home, become accessible to the public.
Many people who are worried about what will happen to their home when they die ask us whether it would be better to simply add their child's name to their deed. We caution against adding your child to your deed and, in almost all cases, recommend including them in your will instead.
If you deed property to a child, that's a gift of that property and there is no gift tax that the child would pay. The gift tax is not made by the recipient of a gift. It would only be paid by the giver.
Last will and testament: You can use your will to designate to whom the home should go and in what proportions. That said, wills are required to go through probate—the sometimes lengthy and often costly legal process of validating your will—which can slow down the transfer of ownership to your heirs.
The main benefit of putting your house in a trust is to bypass probate when you pass away. All your other assets, regardless of whether you have a will, will go through the probate process. Probate in real estate is the judicial process that your property goes through when you die.
An irrevocable trust offers your assets the most protection from creditors and lawsuits. Assets in an irrevocable trust aren't considered personal property. This means they're not included when the IRS values your estate to determine if taxes are owed.
One of the biggest mistakes parents make when setting up a trust fund is choosing the wrong trustee to oversee and manage the trust. This crucial decision can open the door to potential theft, mismanagement of assets, and family conflict that derails your child's financial future.
Rich people frequently place their homes and other financial assets in trusts to reduce taxes and give their wealth to their beneficiaries. They may also do this to protect their property from divorce proceedings and frivolous lawsuits.
A common question, and one where many taxpayers often make mistakes, is whether it is better to receive a home as a gift or as an inheritance. Generally, from a tax perspective, it is more advantageous to inherit a home rather than receive it as a gift before the owner's death.
One good way is to leave the inheritance in a trust. The trust can be set up with some provisions, such as making distributions over time.
Outright Deed: Giving away your home can be as simple as executing a deed transferring ownership to someone else, such as your child.
1. Non-Probate Assets (Life Insurance, Retirement Accounts) One of the most common mistakes people make is listing life insurance policies and retirement accounts in their wills. These assets are passed down through beneficiary designations and do not go through probate.
Leave your home in your will
The most common way to pass your home to your heirs is through a will—a legal document that sets forth your wishes for what should happen to your property and belongings when you die.
The bottom line. A home can be the most valuable asset in an estate. If you don't take any action and die without a will or having made any other arrangements, your assets will pass according to your state intestacy laws, which may or may not reflect your wishes.
Bottom Line. California doesn't enforce a gift tax, but you may owe a federal one. However, you can give up to $19,000 in cash or property during the 2025 tax year and up to $18,000 in the 2024 tax year without triggering a gift tax return.
Your parents can give their house to you if they have complete ownership. They can transfer ownership to you as a gift, in which they receive no compensation in return. You may be subject to gift taxes if the house's value exceeds a certain amount.
Put the House in a Trust
If you put it in an irrevocable trust that names your children as beneficiaries, it will no longer be a part of your estate when you die, so your estate will not pay any estate taxes on the transfer. The house will also not be subject to Medicaid estate recovery.
Having your children as co-owners or remainder owners for your property may simplify the transfer at your death. Their having joint management rights and debt obligations for the property may also be a benefit.