Prevention

Save Your Home Philly Hotline

How do I prevent a tangled title?

Write a will, plan your estate. A will is always the clearest way to plan your estate.

A will sets out the following:

  • Says who will get your house and other property when you pass away
  • Lets you choose who will be responsible for:
    • dealing with any debts you have when you die (called your “executor”), and
    • giving your property to the people you want it to go to

Call the Save Your Home Philly Hotline for free estate planning help. Legal aid can ensure that your will is legally valid and can prevent a tangled title.

Discuss with your family what your intentions and wishes are and where you are going to put your will. Keep the original will in a safe and dry place. Give a copy to your executor.

It’s good to tell your family ahead of time so there are no surprises for them later, which can often lead to family drama and disagreements.

If you already have a will, consider whether your most recent will is up to date and reflects your current wishes. If not, consider writing a new will which replaces your old will. Take back your old will and replace it with the new one to avoid confusion.

  • A will is the best way to make sure your assets are protected!
  • Trusts were created in states with complicated probate processes that take years and delay distribution of assets. Probate in Pennsylvania is quick and more affordable than other states.
  • Setting up and maintaining a trust costs a lot of money, usually more than probate fees do in PA.
  • If your house is in a trust, you cannot access many low-income payment programs, and you could have your Medicaid benefits paused for a period of time.
  • Trusts do not avoid inheritance taxes.

  • Leaving your home to multiple people can lead to complications:
    • What if one person wants to live there, and the others do not?
    • There may not be agreement about what to do with the house.
    • Each future owner could demand to be bought out.
    • Consider whether your children may owe money to people.
    • With multiple owners, it may be difficult to obtain a new mortgage.
  • You could direct the property be sold and proceeds distributed in equal shares to multiple people.
  • Regardless, writing a will is the best decision you can make. A will makes your wishes known and prevents tangled titles in the future.

  • Instead, seek legal assistance with writing a will. Writing a will is the best decision you can make. A will makes your wishes known and prevents tangled titles in the future.
  • “Adding” someone’s name to your deed is the same as giving away your property. They could file a partition to kick you out.
  • Having another person on the deed might affect payment and repair programs you’re currently eligible for – they would take the other homeowner’s income into account.
  • It could trigger a transfer asset penalty if you receive Medicaid, which is a period of time where you are ineligible for Medicaid.
  • This is not a good nor easy way to “get around” inheritance taxes.

  • Educate clients and constituents about tangled titles, including helping homeowners identify whether they may have a tangled title
  • Identify and correct common misconceptions about tangled titles
  • Identify and address gaps in outreach
  • Help clients gather documents to improve intake efficiency
  • Coach clients on speaking to their families
  • Ensure clients resolve issues that led them to seek help untangling title (e.g. home repairs)