05/26/2026
⚖️ This is an updated version of a post I ran about a month ago — the comment thread added two corrections worth including directly.
When you add a child to your home's deed, you are transferring ownership of a share of that property during your lifetime. The child receives your original cost basis on that transferred portion, not the stepped-up basis they would receive if they inherited the property at death.
The step-up in basis resets the cost of an inherited asset to its fair market value at the date of death. If a home was purchased for $80,000 and is worth $350,000 when the owner dies, an heir who receives it through a TOD deed has a basis of $350,000. A child who received it via a deed transfer while the parent was alive still carries the $80,000 original basis.
A transfer-on-death deed avoids this problem because ownership does not transfer until death. You keep full control during your lifetime, the home is not exposed to the child's creditors or divorce proceedings, and the beneficiary receives the full stepped-up basis.
One risk that did not appear in the original image: adding a child to your deed can eliminate the homestead exemption on the child's share of the property in many states, which may significantly increase your property tax bill.
A second qualification on the Medicaid point: a TOD deed does not trigger the Medicaid 5-year lookback because no transfer of ownership occurs during your lifetime. However, in many states, Medicaid estate recovery can still make a claim against the home after death. A TOD deed avoids lookback; it does not always avoid estate recovery.
TOD deeds are available in approximately 30 states. Kentucky, Iowa, Alabama, and several others do not recognize them. Lady Bird deeds (enhanced life estate deeds) serve a similar purpose in states like Texas, Michigan, and Florida where TOD deeds are unavailable.
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