Legal Question in Wills and Trusts in New York

Is it better to keep real estate in my name or put in my daughter's name before I die?


Asked on 1/31/10, 4:26 pm

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

It depends upon what you are trying to achieve and your age and circumstances.

You should be aware that an outright transfer is a gift and your daughter's basis in the real estate is what you paid for it when you bought it.

If you need a consultation for estate planning purposes feel free to contact me.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts. I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.

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Answered on 2/05/10, 4:40 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with Arnold and there are numerous reasons to do one or the othewr. Keep in mind that there are many ramifications, pro and con, that must be considered in making this decision. More facts are needed to explain what you are trying to accomplish and why, and there may be other alternatives available, like a trust, LLC, limited family partnership, etc. Contact me directly if you would like to discuss all of your options.

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Answered on 2/06/10, 11:31 am


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