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Can you create a life estate for husband and wife and when you both pass on the property would go to your children?
Yes. An attorney could draft a deed that is appropriate according to your state laws and that will accomplish your purpose.
Yes. An attorney could draft a deed that is appropriate according to your state laws and that will accomplish your purpose.
Yes. An attorney could draft a deed that is appropriate according to your state laws and that will accomplish your purpose.
Yes. An attorney could draft a deed that is appropriate according to your state laws and that will accomplish your purpose.
What else can I help you with?
Does a stepfather have rights to property if mother had a life estate?
No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.
Can your children be beneficiary to your husbands estate?
Yes, if they are named in the will. Or if the will leaves the money to you or your descendants. If your husband is not their father, there is no automatic right to the property.
What rights does a second husband have to deceased wife property?
If the property is owned by a valid trust it is not part of the decedent's estate. The purpose of the trust was to protect and preserve the property for the children. The second wife has no rights in the property.
Can widow's personal property be seized by heirs of her husband?
No. A widow's personal property is not part of her husband's estate.
My husband is on the deed we are both on the mortgage and he has died. Am I responsible for the debt?
If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.
Can you be removed from the property of my deceased husband's life estate?
Yes. If your husband was the sole owner of the life estate then it was extinguished when he died.
Can my husband kids claim our property after his death?
State laws vary, and your husband's children may be able to claim a portion of his estate unless he does some estate planning now. All your property and accounts should be held as joint tenants with the right of survivorship. If not, then your husband should have a will drafted by an attorney who specializes in probate and estate planning. If he does neither then his children may be able to claim a portion. You can check the laws of intestacy in your state at the related question link below.
Does husband share his wifes estate with the children?
wife dies, does husband inherit everything or does he share with their children
What rights does a husband have to real estate and all other property in Oregon left solely to his wife by her father in an unwitnessed holographic will?
Oregon is not a community property state. The husband is not an heir of his wife's father. The husband has no rights in or to to the real estate.
If my daughter dies before me what happens to the life estate I made?
I will assume that you conveyed your real property to your daughter and reserved a life estate in that property. In that case, your daughter is the owner of the property. She can leave it to someone in her will or it will pass to her heirs-at-law under the laws of intestacy in your state. Generally, if she is married with children, her husband and children will inherit the property if she has no will. You can check your state laws of intestacy at the related question link provided below. Your daughter's death will not affect your life estate. Whoever would inherit her property upon her death either by will or by intestacy would inherit it subject to your life estate.
Who would inherit my home if I die with no will with my husband on the deed and two children not of this marriage?
That would depend on the tenancy recited in the deed to you and your husband. If a joint tenancy or tenancy by the entirety was created in your deed then he would become the sole owner of the property upon your death. He could then make his own will and leave the property to his own relatives when he dies. If there is no tenancy recited on the deed or it provides that you will hold the property as tenants in common then upon your death your interest in the property may be shared by your children and your husband according to the laws of intestacy in your state. Your children may receive nothing depending on the value of the estate. Alternatively, if the property is owned as tenants in common you could leave your half interest to your children in your will with a life estate to your husband. That way he could continue to live on the property and when he decided to sell or if he died your children would receive half of the proceeds of the sale of the property. You should seek the advice of an attorney to discuss your options.
If you are unmarried when you originally purchase real property in both names deed and mortgage and subsequently get married does the property become tenants in entireties?
No. In order to create an entireties estate the parties would need to execute and record a deed from John Doe and Mary Doe, formally known as Mary Maiden Name (assuming Mary changed her name), husband and wife, to John Doe and Mary Doe, husband and wife (in some states, and in others, husband and wife as an estate by the entireties). The deed should have specific language stating that its purpose is to create an estate by the entireties. Until this is done, the property would remain in Joint Tenancy.
