Can my dad use a deed of trust to give me and my husband his home if anything were to happen to him?
1 Answer from Attorneys
No. Your dad could make a beneficiary deed which would provide, in the event of his death, that his home would go to you. I do not recommend to clients that the beneficiaries named be anyone other than the actual children of the parent, then it is up to you, if you want to give an interest in the property to your spouse at that time. It is more important that your dad give someone he trusts, his power of attorney, so that in case of his incapacity, someone can make medical decisions, pay his bills and pay his taxes, and in general, take care of him.