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Tim6129님이 2013-05-09 18:57:06.0에 쓰신글
>Tim6129님이 2013-05-09 14:39:38.0에 쓰신글
>>아버지님이 2013-05-09 10:34:20.0에 쓰신글
>>>싯가 100만불정도 되는 집을 막내아들과 같이 샀는데
>>>융자 금액은 45만불 정도됩니다.
>>>
>>>1. 제가 죽으면 이 집을 자동으로 막내아들한테 넘어가도록 하려면 융자를 받을 때 community property, joint tenancy, (그 외에 어떤 다른 것이 있는지 잘 모름)… 중에서 어느 것을 선택해야 합니까?
>>>
>>>2. 제가 이 집에서 살다가 죽고나서 막내아들에게 자동으로 넘어가면 제 이름을 빼야 될 것 같은데 법적으로 어떤 절차를 밟아야 합니까? 그냥 놔둬도 되나요?
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>>>3. 그렇게 되면 막내 아들이 낼 세금은 얼마나 되나요?
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>>>4. 제가 죽으면 제 몫인 반을 큰아들한테 물려주고 싶으면 어떻게 해야 합니까? 
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>>>5. 유언장을 만들 때 큰아들 가족(며느리등)은 증인이 될 수 없나요?
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>>>6. 그럴 경유 큰아들은 얼마의 세금을 내야 합니까?
>>>
>>>감사합니다. 
>>>
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>>“1. 제가 죽으면 이 집을 자동으로 막내아들한테 넘어가도록 하려면 융자를 받을 때 community property, joint tenancy, (그 외에 어떤 다른 것이 있는지 잘 모름)… 중에서 어느 것을 선택해야 합니까? “=======>Joint tenancy. Community is not for your son; the idea of community property means that each person, you  and yur spouse,  in a marriage owns half of everything. Your home state, CA, is  a community property state, which means almost everything will be divided equally during a divorce. However, joint tenancy is a special form of ownership by two or more persons of the same property. The individuals, who are called joint tenants, share equal ownership of the property and have the equal, undivided right to keep or dispose of the property. Joint tenancy creates a Right of Survivorship. This right provides that if any one of the joint tenants dies, the remainder of the property is transferred to the survivors. So if you die, the home will transferred to your son.
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>>“2. 제가 이 집에서 살다가 죽고나서 막내아들에게 자동으로 넘어가면 제 이름을 빼야 될 것 같은데 법적으로 어떤 절차를 밟아야 합니까? 그냥 놔둬도 되나요? “=========>When one joint tenant dies, full title to the real estate automatically vests in the surviving tenant. No paperwork is necessary, and the surviving tenant does not have to take any legal steps.No probate is necessary to transfer ownership of the property. But, even though the survivor automatically owns the property, the world has no way of knowing that until the survivor "clears title" to the property. Generally, all the surviving owner needs to do to clear title is fill out some simple documents and submit them to the proper office or agency; laws affecting real estate are always set by the state in which the real estate is located. To transfer jointly owned real estate to the surviving co-owner, you'll have to find out the exact procedure for your locality. You need to put a document on file in the local public land records, showing that one joint owner has died and that the surviving co-owner is now the sole owner of the property.
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>>“3. 그렇게 되면 막내 아들이 낼 세금은 얼마나 되나요?”========No tax. Another great advantage of holding property as joint tenants is that no taxes need to be paid on the property. There are two types of taxes that are avoided by joint tenancy. The first is the federal estate tax, which taxes an entire estate if the estate is large enough (as of 2013, at least $5.14 million). Some states also impose a death tax, which is similar to the federal estate tax. Additionally, joint tenants also avoid inheritance taxes, which are different than estate and death taxes. Inheritance taxes are taxed to the person who receives property from an estate, while estate taxes are taxed to the estate before any inheritances are given.
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>>“4. 제가 죽으면 제 몫인 반을 큰아들한테 물려주고 싶으면 어떻게 해야 합니까? “======>As mentioned above, property held in joint tenancy, tenancy by the entirety, with right of survivorship, automatically passes to the survivor, your youngest son, when one of the original owners, you,  die.
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>>“5. 유언장을 만들 때 큰아들 가족(며느리등)은 증인이 될 수 없나요? “=======>No will is required; as you can see, a joint tenancy means that if one of the owners of a house dies, the other surviving owner automatically becomes the sole owner without the need for a will or probate, and without paying any estate or death taxes.
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>>6. 그럴 경유 큰아들은 얼마의 세금을 내야 합니까? “=======>As said previously, no tax; Please read above.
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>New Answers fro # 4, #5, #6.
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>“4. 제가 죽으면 제 몫인 반을 큰아들한테 물려주고 싶으면 어떻게 해야 합니까? “==============>>>>>>Then, you need to create tenants in Common ownerhsip OR you can transfer your portion of the ownership of the home to your eldest son. Under joint tenancy,  your eldest son CAN’T inherit half of the interest/ownership of the home(your interest). As mentioned above, property held in joint tenancy, tenancy by the entirety, with right of survivorship, automatically passes to the survivor,  ONLY to your youngest son, when one of the original owners, you,  die.
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>NOTE :however, under the enants in Common Ownership , upon your death,  your interest will pass to your heir, your eldest son . If you died, your eldest son would still hold 50% of the ownership of th e home,and your youngst son  would own the other 50% of the home.. If one of the joint tenants, either you or your youngest so,  sells or conveys the interest created in a joint tenancy to another person(for example, if you transfer your ownership to your eldest son), then  the joint tenancy is broken, and a tenancy in common is created. Joint tenants cannot stop another tenant from breaking the joint tenancy.
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>“5. 유언장을 만들 때 큰아들 가족(며느리등)은 증인이 될 수 없나요? “======================>>>>>>>In general, no will is required; as you can see, a joint tenancy means that if one of the owners of a house dies, the other surviving owner automatically becomes the sole owner without the need for a will or probate, and without paying any estate or death taxes. ALSO, as said above, your eldest son can never inherit your portion of the ownership of the home when you die as a joint tenant.
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>6. 그럴 경유 큰아들은 얼마의 세금을 내야 합니까? “=================>>>>>>As he can’t inherit your portion of the ownership, I mean , your eldest son receives nothing, no tax obligation. Joint tenancy creates a Right of Survivorship. This right provides that if any one of the joint tenants dies, the remainder of the property is transferred to the surviving joint tenant, your youngest son. In other words, as you and ytour youngest son own the home in joint tenancy, and you die, then, the surviving joint tenant, your youngest son, then owns 100 percent of the home(your eldest son gets nothing).
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>Even if your eldest, under tenants in common, receives  50% of the owenrship/interest of the home, he is NOT subject to estate/inheritance tax UNLESS the amount of his gross estate exceeds  more than $1 mil(in Oregon); however, the amount varies from state to state.
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ANSWERS for the lasr Qs:


“Common Ownership로 하고나서 큰 아들에게 유산을 남기려면 어떤 절차를 밟아야 합니까? “==============>>>>>>>>>>>>With tenants in common, through your will when you die; In your will, you should designate your eldest son to assume ownership of your share of the home. When you die, your portion of the property rights would pass on to your eldest son named in your will. ALSO PLEASE READ BELOW.



 “융자 받으면서 일단 joint tenancy로 했다가 나중에 Common Ownership나 다른 것으로 바꾸는 것이 가능한가요?”=====>>>>>>>>>>>>>>Yes. As said, you need only tenants in common to let your eldest son inherit your portion of the home ownership; your eldest son can’t inherit your portion of the home ownership under joint tenancy.  AS MENTIONRED PREVIOUSLY, with Joint Tenants, you cannot sell it or deed it to your eldest son even when you die.
You need to work with the title company to write up a new title document that is called a deed transfer. The document must state that each owner is reverting "interest in the home" to themselves, which changes ownership to Tenants in Common. In addition, the document must list each owner's name and the percentage of the property that he owns. You also need to file the deed with the recorder of deeds at the courthouse in the county where the property is located. There is usually a deed transfer fee that must pay which varies by county





 “ 그렇게 바꾸려면 어떻게 해야 합니까?  “======>>>>>>>>>>>>You can get a blank deed form from a legal print or office store. Choose the deed type you want to use. Quitclaim deeds are commonly used for special circumstance transfers, like converting ownership types, but you can use a warranty deed, also known as a grant deed, if you prefer. A warranty deed implies that you are guaranteeing that the home's chain of ownership, or title, is free of defects, while a quitclaim deed passes on the ownership interest without giving a legal guarantee.Get a copy of the joint tenancy deed if you do not have the document. Visit the recorder's office in the county where the property is located to get a copy of the deed.Fill out the "grantor" section of the deed form. The grantors are the current legal owners of the property. List all the joint tenants as the grantors. Use legal names only and put the current addresses for each grantor immediately after the corresponding name. Write "as joint tenants" after the name and address of the last grantor listed.
 
Fill out the "grantee" section. The grantees are the recipients on the deed, your eldest son.Use legal names and current residences for each grantee. Write "as tenants-in-common" after the grantee list if each person is getting an equal ownership interest in the property. Write down each percentage of ownership after each grantee's name if the ownership interest is not being equally divided and then write "as tenants-in-common" after the last percentage.Write in the consideration. The consideration is the amount being paid for the property, if any. Some counties require the sum of $1 be used if no money is being paid by the grantees. Check with the county recorder's office to determine the appropriate amount for a transfer with no money involved. Real estate transfer tax based on the consideration amount may be charged by your county, depending on the amount of money stated.Write or paste in the legal description for your property. Use the legal description, a written paragraph of your property's boundaries and measurements in words, from the joint tenancy deed.Get the deed signed by all of the grantors. The deed must be signed by each grantor and notarized. Contact the county recorder's office if you are not sure what type of notary is qualified to notarized deeds in your county.File the deed in the county recorder's office. The ownership type is converted to tenants-in-common once the new deed is recorded

I guess you need to hire a title company or a real state attorney to assist with the process of modifying the deed. This is not required, but it is a very good idea .