Dear Mr. Feichthaler:

I have owned my home with my husband for the past 28 years in Cape Coral, and he recently died. I want to make sure that the house goes right to my daughter with no problems if anything happens to me.  Should I add her as a co-owner?

 — Diane L.

Dear Diane:

Thank you for your message, and my condolences for your loss.  You and your husband likely held title to you home as husband and wife. If so, then you now solely own the property from a title perspective. Many of my clients ask to add loved ones to title, but I usually advise against it. Their portion may not be eligible for homestead protections, including creditor protection and property tax savings. Plus, if you decide to sell, you would need to not only obtain their consent to sell, they would be entitled to half the value of the property, unless an agreement was in place.

The simplest way to achieve your goal is to sign an Enhanced Life Estate Deed. This type of deed allows you to name a beneficiary to your home if you pass, while retaining full ownership and control of the home. If you decide to sell the property, or refinance, you still would have the authority to do so with nobody’s permission needed. Not only will this lead to a simple transfer, it will also avoid the very expensive and time consuming probate process.

This information is general in nature, and I do encourage you to seek legal counsel to determine the best path forward for your particular circumstances.

Eric P. Feichthaler has lived in Cape Coral for over 30 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Historical Museum, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 18 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator.

This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.