Adding a child to the deed can create tax problems

Giving your child an ownership interest for less than full value may be treated as a gift under federal tax rules.

There is no Indiana gift tax. However, federal gift tax rules may still apply. In many cases, you may not owe gift tax right away because of the federal lifetime gift and estate tax exemption. But you may still need to file a gift tax return.

The tax issue does not end there.

Your child may lose the benefit of a step-up in basis

This is one of the biggest concerns with adding a child to the deed.

If you give your child part of the home during your lifetime, they generally receive your original tax basis in the gifted portion. This is sometimes called a carryover basis.

For example, imagine you bought your home many years ago for $80,000. It is now worth $250,000. If you give your child part of the home now, their tax basis in that gifted share may be tied to your older purchase price.

If your child later sells the home, that lower basis could lead to a larger capital gain.

Property inherited after death generally receives a new basis based on its fair market value at the owner’s death. This is often called a step-up in basis. The result may reduce capital gains tax if the property is later sold.

Tax rules can be complicated and can change. A tax professional should review your specific situation. But as a general rule, adding a child to the deed may create a worse tax result than allowing the child to inherit the property later.

Medicaid planning makes deed changes even more important

Some parents add a child to the deed because they are worried about future nursing home costs. This can backfire.

Medicaid has strict rules about transfers made for less than fair market value. Long-term care Medicaid generally looks back at certain transfers made during the five years before an application.

Adding your child to the deed may be treated as a gift or uncompensated transfer. Depending on the facts, that may cause a penalty period or delay eligibility for benefits.

A Transfer on Death deed does not transfer ownership during your lifetime. But Medicaid planning still requires care. Indiana may have estate recovery rights after a person receives Medicaid benefits. Avoiding probate does not necessarily protect the property from every Medicaid claim.

Do not change your deed for Medicaid reasons without first speaking with an attorney who understands Indiana estate planning and elder law.

If your child helps with expenses, put the agreement in writing

Your adult child may move home and help pay for:

• Utilities

• Groceries

• Property taxes

• Home insurance

• Repairs

• Mortgage payments

• Transportation or caregiving

You may not want to call these payments “rent.” That is fine, but you should still document the arrangement.

A written Shared Housing Agreement can explain:

• Who lives in the home

• How much each person contributes

• Which bills each person pays

• Who handles repairs and maintenance

• Whether the child provides care or other services

• How long the arrangement is expected to last

• What happens if the home is sold

• What happens if you move to assisted living

• What happens if either person wants to end the arrangement

This type of agreement helps keep expectations clear. It can also reduce family arguments later.

Written records may be important if questions come up about gifts, household payments, or Medicaid planning. If your child provides regular care in exchange for compensation, you may also need a separate caregiver agreement.

A written agreement does not solve every legal or tax issue. It simply gives everyone a clear starting point.

Better ways to pass the home to your child

Adding your child to the deed is not the only way to make sure they receive the home. Depending on your goals, other tools may work better.

Transfer on Death deed

Indiana law allows a real estate owner to name a beneficiary who receives the property at the owner’s death. This is called a Transfer on Death, or TOD, deed.

A properly prepared and recorded TOD deed may allow you to:

Keep full control of the home while you are alive

Sell or refinance the home without your child’s permission

Change the beneficiary later

Pass the home outside probate

Allow the child to receive inherited-property tax treatment

The deed must be prepared and recorded correctly before death. A mistake can defeat the plan.

A TOD deed may work well when you have a simple family situation and want one person to receive the home. It may not be enough when you have several children, a blended family, a child with special needs, or concerns about Medicaid estate recovery.

Revocable living trust

A revocable living trust can hold your home and other assets. You usually remain in control as the trustee during your lifetime.

A trust may help you:

Keep control of your property

Plan for incapacity

Avoid probate for properly funded assets

Set rules for how the home is handled

Treat children fairly

Provide instructions if a child is not ready to manage property

There is an important step many people miss: the home must be retitled into the trust. Signing trust papers alone may not move the house into the trust. The deed and county records must be handled correctly.

A trust is not automatically better than a TOD deed. The right choice depends on your family, assets, health, and goals.

Will

A will can explain who should receive your home after your death. It is often the foundation of an estate plan.

However, a home passing under a will generally goes through probate. Probate is not always bad, but it can take time and requires court filings.

A will also does not control property that passes through a TOD deed, trust, or beneficiary designation.

Watch for the “silent train wreck” in your estate plan

Many estate plans fail because the documents do not match.

Your will may say that your children should share your property equally. But your life insurance policy may name only one child. Your retirement account may name an ex-spouse. Your bank account may have a payable-on-death beneficiary who is different from everyone else.

These beneficiary designations usually control those accounts. They may override what your will says.

Review the following together:

• Will

• Trust

• TOD deed

• Life insurance policies

• Retirement accounts

• Bank and investment accounts

• Payable-on-death and transfer-on-death accounts

• Any promises or written agreements with family members

If your caregiving child is moving home, do not assume that helping you automatically gives them a right to the house. If you want that child to receive something extra, put your plan in writing.

Start with a conversation, not a deed

Your child moving home can be a good solution for your family. It can provide support, save money, and bring family members closer together.

But it is best to separate two questions:

1. How will we share the home today?

2. What should happen to the home later?

A Shared Housing Agreement may help with the first question. A TOD deed, trust, will, or another estate planning tool may help with the second.

Chris Doran is a small town lawyer who wears many hats. He listens to what you have to say, learns how your family works, and gives you practical options. His goal is to help you solve your legal needs without making the process harder than it needs to be.

Chris serves families throughout Jennings County, including North Vernon, Vernon, Commiskey, Hayden, and Scipio. He also works with clients in surrounding areas such as Columbus, Seymour, and Versailles. If travel is needed, ask about travel fees upfront. The goal is clear communication with no surprises.

You do not need to have all the answers before you call. To discuss your adult child moving home, your deed, or your estate plan, contact Chris Doran Law LLC to schedule an appointment. You can also learn more about estate planning and probate services.

This article provides general information, not legal or tax advice. Your best option depends on your family, property, finances, and health planning needs.