Full question:
I got married to a man who has 3 children from his previous marriage. Now they are older than 25 and my husband and I are paying for a house and have two young children. The deed is in his name. I would like to know if in case he dies, can his first's marriage children claim some property of the house? What is the best way to assure I will have the property of this house?
- Category: Wills and Estates
- Date:
- State: National
Answer:
It is possible for a husband to leave his solely owned property to his children in any manner, such as by will, transfer by deed, etc. I am prohinited from giving legal advice by suggesting a course of action. There are many options available to a spouse for gaining ownership of
property upon the death of another spouse. Some of the options include a bequest in a will (which is subject to being altered by a later will), establishing a trust, or transferring a future or present interest in the property by deed.
For example, when property is conveyed to be titled in the name of spouses as tenants by the entirety with right of survivorship, the surviving joint tenant immediately becomes the owner of the whole property upon the death of the other joint tenant. The property also
passes outside the probate process. The various options have different costs and tax consequences involved. I suggest you consult a local attorney who can review all the facts and documents involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
