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Ray, Lawyer
Category: Legal
Satisfied Customers: 42250
Experience:  30 years in civil, probate, real estate, elder law
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I need advice for a "situation" in Nebraska, no, I'm just

Customer Question

Hello. I need advice for a "situation" in Nebraska
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm just looking for advice to "protect" myself and my husband
Submitted: 11 months ago.
Category: Legal
Expert:  Ray replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 11 months ago.

Can you give me more information here and questions so I may assist you today, thanks.

Customer: replied 11 months ago.
Here is the situation: I was married, we got a divorce because he's on disability and with my income we were ending up paying taxes on his disability income. So we divorced but still live together and function as a married couple. With that being said, my "husband" has been friends with a lady who is 80 years old now for over 20 years. They used to work together and stayed friends. She is "fading" pretty fast. She wants to leave almost everything to my husband. She has 3 or 4 kids, 2 or 3 by adoption, one by birth. None of them have anything to do with her anymore, which is why she doesn't want to leave anything to them. Her husband deceased many years ago. Her and my husband went to an attorney yesterday and he declared her of sound mind and is writing up her last will and testament, make my husband power of attorney and leaving everything to him also.
She initially wanted to sell her house and move to an apartment. She has a mortgage with a balance of approx 10k. I suggested that we 'buy' the house from her so that we don't have to pay inheritance taxes. She agreed and even the attorney said that was a good idea. She would continue to live there but she would pay the property taxes and insurance on the property.
My concern is this: If we buy her house for the 10k she owes on it and the deed is in our names, can her children cause any problems once she is deceased?
Customer: replied 11 months ago.
I don't know if they would have any recourse, I don't want to have to hire an attorney and pay thousands in legal fees to "protect' what this woman is leaving my husband.
Customer: replied 11 months ago.
The other concern is my husband's disability....Should his name be on this house? He is currently making payments (his monthly disability payment is reduced by $400/month for the next 6 years) for medical services received when they say he shouldn't have been getting went to court...etc, etc. Would they be able to put any kind of lien on this property if his name was on it??
Expert:  Ray replied 11 months ago.

Here you can buy it.It that scenario she keeps life estate and you get the remainder interest.She might will you the note here and all her other property.I am assuming you would have her or you would pay off the note and she deeds you the remainder interest.There is no problem with that and honestly you are less likely to have problems with the kids because she got a life use out of it and left the remainder to you.I think this is a great idea to transfer it now, that way you are protected, you never know what kids might get her to sign a second will.A recorded deed gives you the interest in the house and it cannot be taken away.It might also eliminate the expense of probate.I would see if she would put it in both your names here if you want a legal interest as well.Your ex could die and leave you out otherwise since you are no longer married.No reason it cannot b transferred to both of you on the deed.

Expert:  Ray replied 11 months ago.

The disability folks (social security) will not lien his property.I suggest you have her transfer the remainder interest to you both a joint tenants with right of survivorship.This means once the neighbor deceases both of you own it, it one of you dies the other one gets it here.That way you don't worry about the future you will always have a home.That can be important as you might outlive the ex here as well.

I appreciate the follow up.I wish you the best here.I think a deed with life estate for the lady and joint tenancy with right of survivorship for you both is critical since you aren't married here it protects you and gives you an ownership interest as well.