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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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I want to make sure my three children inherit my house after

Customer Question

I want to make sure my three children inherit my house after I die. I want them to sell the house and devide the profit equally, a third each. I do not want them to have to pay taxes or go through probate. This is all I have to leave them so I want things to go smoothly. I can not afford an estate lawyer or pay four or five hundred just to get started. I have written my own will, but as I said before, I do not want an unsettled situation with my house.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

If your goal is to avoid probate then you do not want a will because that would require them to go through probate. You will not have any estate or inheritance tax issues if the house is the only asset.

If you put the house in a trust then you can avoid probate and direct how you want it disposed of after your death.

Another possibility is to convey it your children, assuming they are adults, and reserve a life estate for yourself. That will also avoid probate.

Expert:  Loren replied 1 year ago.

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