Expert: Dick Dennis - 5/21/2006

Question
Scenario: For somebody who owns their home outright, I offer to pay their annual home taxes in exchange for them to leave me (deed) their house upon their death.  This would be aimed for an elderly or otherwise person who has no beneficiaries to leave their house, that would otherwise go to the state.
Question: Is this legal if a contract is drawn up and do I need to be added to the deed now or should this be done in a will

Answer
This needs to be done in a contract, will or a living trust. If it is done, I would suggest that you have been put on the title for a consideration. A consideration other than paying the taxes does not have to be money, as you know. Offering to pay their taxes is no big deal. They most likely receive monthly pensions or social security that would take care of the yearly taxes.

My question to you is: why would anyone be willing to put your name on their title just because you asked them to do so? It seems rather naive to me. There are people out there who might have a free and clear property and no heirs. But they would more likely give their property to charities, churches, etc. upon their death. If a person leaves no will, then the property will escheat to the state. I have seen it done many times.

I would say you're going to have to think of a more likely way of obtaining titles to property like keeping your eyes on the list of properties about to be repossessed by the tax collector.

I wish you well.

Dick Dennis

I wish you well, Lonny.