[AR] How should I title a home purchase to ensure my daughter inherits it while I retain control during my lifetime?

AR Estate Planning

Jon

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When it comes to setting up ownership of your new home in Arkansas, you have a few possible routes. The right one depends on your goals—mainly making sure your daughter gets the house directly and avoiding probate.

Joint Tenancy with Right of Survivorship:

You and your daughter would co-own the property. If you pass away, your share would automatically transfer to her without probate. The downside is that she would need to consent if you ever wanted to sell or mortgage the property. (AR Code § 18-12-106)

Tenancy in Common:

Each owner has a separate share, but your share would go through probate when you pass.

Since avoiding probate is a goal, this option likely isn’t ideal.

Based on what you’ve shared—paying cash, wanting full control during your lifetime, and ensuring a smooth transfer—the Beneficiary Deed is likely your best option.

As for Social Security: since your daughter receives Social Security as an adult disabled survivor (not SSI), owning the home will not affect her benefits. Those benefits are not means-tested and are based on your work record.

Arkansas Beneficiary Deed

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I want to sell my house in Alabama and buy a house in Arkansas. How do I set this up as a co-owner with my daughter to make sure she gets the house when I die? Will that eliminate probate for her?

Lexi, Chatbot

I understand that you want to ensure a smooth transition of your property to your daughter. Have you already discussed the co-ownership arrangement with her?

Yes.

Lexi, Chatbot

Are you currently living in Alabama, or have you already moved to Arkansas?

Currently in Alabama.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your co-ownership arrangement.

I have other children that I am leaving other things to, but I do not want them involved in my real estate holdings.

Jon

Hello, and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.

I understand legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and guide you toward the right solution for your situation.

It’s great that you’ve already discussed the co-ownership arrangement with your daughter. Are you planning to set up a joint tenancy or another type of co-ownership? This can affect how the property is transferred after your passing.

I don’t know how to set this up. Can you tell me which is best?

Jon

I understand you’re looking for the best way to set up co-ownership with your daughter. Are there any specific concerns or conditions you’d like to include in this arrangement?

I will pay cash for the house and own it outright. I want to make sure she can keep possession when I pass.

Jon

Understood! I believe I have all the information I need. Is there anything else you’d like to add before I start working on your answer?

Will this affect her Social Security benefits? She receives Social Security as an adult disabled survivor, not SSI.

Jon

Joint Tenancy with Right of Survivorship:

Tenancy in Common:

Each owner has a separate share, but your share would go through probate when you pass.

Since avoiding probate is a goal, this option likely isn’t ideal.

Based on what you’ve shared—paying cash, wanting full control during your lifetime, and ensuring a smooth transfer—the Beneficiary Deed is likely your best option.

Thank you so much. This was very helpful!!

Jon

You’re very welcome! I’m glad I could help. If you have any other questions or need further assistance, please don’t hesitate to reach out. Wishing you a fantastic day!

Jon

556 satisfied customers

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