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P. Simmons
P. Simmons, Attorney
Category: Estate Law
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Experience:  12+ yrs. of experience including estate law.
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When my divorce is final, my husband will retain our home and

Resolved Question:

When my divorce is final, my husband will retain our home and its mortgage. I have asked that he leave this house to our only daughter in his will and he will be required to give me annual proof that this in still in effect in his will. I am trying to protect this asset from a possible future spouse.

If he remarries, will this hold up in court if he dies and the spouse tries to get hold of the property? He may or may not have much else in terms of assets, depending on the lifestyle he chooses to live moving forward.
Submitted: 1 year ago.
Category: Estate Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

That is not the best way to approach this. That is, a court order to make a will is generally unenforceable. So you do not want to go that route.

MUCH better to either

1. require a court order to change title, placing him on the deed of the property with a "life estate" and naming the daughter as "remainderman". This gives him the property for life, and causes the daughter to gain title to the property after he passes.

2. Place the property into an irrevocable trust, naming him as beneficiary of the trust, and then having the title pass to the daughter, after he passes.

A local attorney can assist you with either of these options.

P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 27164
Experience: 12+ yrs. of experience including estate law.
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