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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55452
Experience:  29 years of experience practicing law, including tax and estate planning.
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My name is ***** *****. I am in a second marriage and my

Customer Question

Customer: My name is ***** ***** Davis. I am in a second marriage and my spouse anmd i
JA: Thanks. Can you give me any more details about your issue?
Customer: spouse and i want to buy a house with money coming from our prior marriage. We were thinking tenants in common so at my death she would control of the property until her death then each interest would go to our children by the first marriage.
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Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

I agree that you want to own the property as tenants in common. That way you will each control your share of the house in your wills. In your wills, you will want to provide that your surviving spouse has a life estate with the remainder interest of your ownership going to your children upon the death of your surviving spouse. Any other ownership would put the control of 100% of the property in the surviving spouse upon the death of the first spouse, which would put the children of the first spouse to die at risk of being deprived of an eventual interest in the home.

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