Can children of divorced parents trade quitclaim deeds on respective parent’s houses upon their death.

Both adult children are 50/50 beneficiaries of divorced parent’s houses. Both adult children are living in either the mom’s or dad’s house. The mom where my sis lives just died. Sis wants to stay there. The houses are the same in value. Can we trade our quick claims to the houses so she stays at mom’s old house and in the future I get my dad’s house free and clear?

ANSWER BY MARGARET CROSS-BELIVEAU:

As you don’t own the second property yet, you can’t change the deed. Your sister could theoretically sell her future inheritance to you. I can ‘t see how that would be a smart decision for you before you inherit. For example, your dad may have to sell his home and pay all the proceeds to an assisted living facility before his death. You would get nothing. Better to wait until both parents pass away and come to an agreement then.

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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The estate administration and estate planning attorneys at the Beliveau Law Group provide legal services for estate planning, probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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