FW: Adding child's name to father's property -
listen to David Ingram Thursdays on Channel 114 Sirius Radio The Good Life with Jesse Dylan Daily at 12 noon New York time - david Ingram International Income Tax expert - real estate IRA's 401(K) QUESTION: Hi David, My question is hopefully simple. Thank you for taking the time to answer it. My husbands father wants to ad his name to the property titles that he holds in Costa Rica. Does this make my husband responsible for taxes, etc. to those properties? Also, since we have just gotten married, if he ads his name to those titles, does that make me just as responsible for the taxes, etc?? The last question I have is that if my husband puts his name on the titles of the prorperties, willhe have to continue to go back to Costa Rica if for example his father decides to sell the property?? Is my husbands signature required in order for his dad to sell the property?? Is there any other place that I could research this information?? Thank you so very much for taking the time to answer this question. I really appreciate it and it has saved me many headaches now that i am clear on what we are getting into. ================================================= david ingram replies: Adding a name to a property title does not necessarily make a person the beneficial owner of the property. Many mothers and fathers add their children's names to the titles of their properties as joint tenants with right of survivorship to make it easier for the children to deal with the estate upon the death of a parent. There is usually an understanding (which should be put in writing to be sure) that the parent is not "giving" the property to their children at this time but is merely making their estate paperwork easier. I worry about Costa Rica though. Although most tourists will poo pah my warning, but they have a Napoleonic Code when it comes to law and taxes as such. In Costa Rica, you are guilty until proven innocent. I have known a Canadian who was locked up for about 8 months for stopping payment on a cheque for services not received as one example. So, if your husband is going to put his name on the titles, hr should (in my opinion) be sure that his father has the cash assets to make the property taxes. You do not have to worry though. You will not be responsible for the taxes if your name is not on the title. --------- You and your husband and maybe father-in-law should consult with a lawyer or someone like myself as a family so that you are sure about your rights and concerns. David Ingram's US/Canada Services US / Canada / Mexico tax, Immigration and working Visa Specialists US / Canada Real Estate Specialists Home office at: 4466 Prospect Road North Vancouver, BC, CANADA, V7N 3L7 Cell (604) 657-8451 - (604) 980-0321 Fax (604) 980-0325 Calls welcomed from 10 AM to 10 PM 7 days a week (please do not fax or phone outside of those hours as this is a home office) email to taxman at centa.com <mailto:taxman at centa.com> www.centa.com <http://www.centa.com/> www.david-ingram.com <http://www.david-ingram.com/> Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist in connection with personal or business affairs such as at www.centa.com <http://www.centa.com> . If you forward this message, this disclaimer must be included." Be ALERT, the world needs more "lerts"
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