How Quitclaim Deeds Can Cause Estate Planning Catastrophes

A lot can go wrong (including inadvertent law-breaking) if you choose to go the easy route rather than using a trust to transfer real estate to your child.

A multigenerational family have a barbecue outside the parents' home.
(Image credit: Getty Images)

Editor’s note: This is part two of an ongoing series about using trusts and LLCs in estate planning, asset protection and tax planning. The effectiveness of these powerful tools — especially for asset protection and tax planning — depends very much on how they are configured to work together and whether certain types of control over assets and property are surrendered by the property owner. Part one is To Avoid Probate, Use Trusts for Estate Planning.

Deeds must be used to transfer real estate into an LLC or into a trust, making deeds an essential part of implementing most estate plans. However, deeds should not be used in lieu of trusts, because deeds will cause many unanticipated consequences and even harmful legal and tax consequences.

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Rustin Diehl, JD, LLM
Attorney and Counselor at Law, Allegis Law

Rustin Diehl advises clients on tax, business and estate planning matters. Rustin serves as an adjunct professor, frequent speaker and is current or former chair of professional associations. Rustin is a prolific author and has published many technical and popular articles on estate and business issues, as well as drafting and advising legislators in developing numerous statutes pertaining to trust and estate and business planning, creditor exemption planning and digital asset (blockchain) trusts and blockchain entities known as decentralized autonomous organizations.