A lot of parents add their adult children to their property deeds thinking it’s an easy way to pass down the family home. But did you know that just having your name on the title doesn't guarantee you’ll actually own it after they pass away?

In this quick video, Missouri estate planning and elder law attorney Rachel Fortenberry breaks down a massive real estate mistake and why the exact wording on your deed matters.

Why Your Name on the Deed Isn't Enough:

1. Spouses vs. Kids: When a married couple owns a house, the survivor usually gets it automatically. But when you co-own property with a non-spouse (like a parent), the rules completely change.

2. The Magic Words: To completely inherit the house without a court battle, the deed must have very specific legal language—like "joint tenants with right of survivorship."

3. The Probate Trap: If your deed just lists your name alongside your parents' names without that special wording, you don't get the whole house. Instead, your parents' share could head straight to probate court, meaning you could end up co-owning the home with unexpected heirs.

Before you assume the family home is safe, make sure your paperwork is actually doing what you think it does. If you are in Missouri, talk to an elder law professional to review your deeds today.

Video Transcript

"Just because your name is on title for a piece of property with your parents does not mean you're automatically going to own that entire piece of property after they pass away.

My name is Rachel Fortenberry, and I'm an estate planning and elder law attorney in Missouri.

So, your parents put you on title for their property a long time ago, and so when they pass away, you're just going to automatically own the whole thing, right? No, that is actually not the case.

There's actually different ways that you can co-own a piece of property, so the most common example is when a married couple owns a piece of property together.

Most states, when one passes away, the other one is going to continue to own it, no problem. But when you put someone who is not your spouse on the piece of property, there's very specific language that a deed has to have in order to mean when that other person passes, that you get the entire thing.

Looking at your deeds, you're looking at language like joint tenants with right of survivorship, or tenants by the entirety.

Those things by themselves don't necessarily mean that it's all good. It'd be estate specific, but if you're just on there as a person and a person, mom and dad, and you, there's probably other things that need to happen in order for you to inherit that whole property.

And the worst thing, this piece of property that you owned with your parents for years, well, you could end up owning it with other people through the probate process if you don't have that right language put in place."

Disclaimer: This video is for informational purposes only and does not count as official legal advice.