Transferring your home to a child through a deed or sale sidesteps probate but creates a tax trap: they'll owe capital-gains tax on the appreciation when they sell. A $250,000 house now worth $450,000 means a $200,000 taxable gain. Use a revocable living trust instead to keep control, avoid probate, and let heirs inherit tax-free.
Do not give your house to a child. Do not quitclaim your house to a child. Do not add your child's name to the title and don't get cute and sell your house to your child for a dollar. For some reason, people think that's going to take care of all the problems. It doesn't. I've talked about this before, but for some reason people still think it's a good idea. I understand you're trying to get around probate. You're trying to avoid Medicaid recovery. If you do gift it and 5 years passes, yes, you get around the Medicaid recovery, but there's another problem looming. Everybody say it in unison with me. Capital gains tax. If you bought that house for $250,000, you gift it to your child, and now it's worth $450,000 and they try and sell it, they're going to be responsible for the capital gains tax on $200,000. What's the answer? Again, say it with me. Revocable living trust. Put that house in a revocable living trust, leave it to your kids. When you die and they inherit it, they will inherit it tax-free.
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