Q: Can I transfer a house that I own into my mom's revocable living trust in Maryland?
I own a fully paid house in Rockville MD. I want to sell it to my mom but also have her put it into a trust with me as the beneficiary. Can I transfer the deed directly into her trust, or does the title first need to be transferred to my mom before she can transfer it into her trust?
A:
Yes, your mother’s trust can be the buyer, and you can be the seller, with a deed to match. This makes perfect sense if it truly is an arm’s-length transaction.
However, if what you are actually doing is gifting the house to her, then you should not do that without talking to an experienced estate planning attorney because you would be creating issues of which you are not aware.
A: Before you do this, consult an estate planning lawyer! First, you would be making a gift to your mother in excess of the federal gift tax exclusion for a single donee in one year, which may not be of any consequence depending on the total value of your estate by the time you die, but it will also add to your mother’s total estate value, which may also be of no consequence if her total estate would not exceed the Maryland or Federal estate tax credits—but if it does exceed either credit limit, there are some expensive consequences. There are other considerations as well, and other options to achieve similar results depending on your goals and reasons for removing this property out of your name. Your question does not provide sufficient facts to evaluate all of the issues or advise as to the best solution to whatever it is you are trying to achieve. Ordinarily, a strategy that transfers wealth and assets from a younger generation to an older generation is the opposite of what most estate planners would recommend.
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