When it comes to transferring assets after death, many individuals look for the smoothest sail – a way that bypasses the stormy seas of probate without the need for legal counsel or formal documents like Wills or Trusts. A common route? Adding children as joint owners of their assets. But here’s the crucial navigational advice: this course isn’t always the safest.
Let’s delve into why. As parents age, it’s not unusual for them to add a child to their financial accounts and real estate. The intent seems clear and benign: ensure the asset smoothly transitions to the child post-mortem and, in the case of financial accounts, enable the child to assist with managing the asset as the parent ages.
However, this well-intentioned move can inadvertently steer the ship into troubled waters. Once a child is named a joint owner, the asset effectively becomes theirs. They gain the power to withdraw funds without parental consent. This could be a non-issue if trustworthiness isn’t in question, but it’s a significant risk if it is. Moreover, even the most trustworthy child’s financial misfortunes – think lawsuits or debts – can ensnare these shared assets.
Parents often assume that the child, upon receiving the asset, will honor their wish to distribute it among siblings. But legally, the child, as the surviving joint owner, is under no obligation to do so. The roadblock doesn’t end there. Even if the child intends to follow through, they could be hamstrung by the federal gift tax. For instance, if the amount exceeds the annual exemption (currently $18,000), it could trigger unwanted tax consequences.
Moreover, if this asset-owning child faces creditors, the asset could be seized before any sibling distribution occurs. This situation can leave some children high and dry, defeating the parent’s original purpose.
There’s also a tax dimension to consider. When a child is added as a joint owner, they inherit the parent’s cost basis in the property. Conversely, inheriting the asset upon the parent’s demise usually means a ‘step-up’ in value, aligning with its worth at the time of death – a significant tax advantage. Additionally, joint ownership could inadvertently trigger a taxable event if the asset’s value exceeds the annual gift exclusion.
So, what’s the safer passage for parents seeking to transfer assets effectively?
The answer lies in thoughtful estate planning. There are numerous strategies that can fulfill a parent’s objectives – including avoiding probate and the pitfalls of joint ownership. For instance, a Power of Attorney can be a powerful tool for asset management in later life, circumventing the issues associated with joint ownership.
Before setting sail on adding children as joint owners, parents should seek the guidance of an attorney. Navigating the complex waters of asset transfer requires a skilled navigator – one who understands the legal and tax implications and can chart a course that ensures smooth sailing for both the parent’s and children’s financial futures.
