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I am planning to include my son on a piece of real estate property.

Customer Question
He is currently single. Hopefully if...
I am planning to include my son on a piece of real estate property. He is currently single.
Hopefully if he gets married in the future he would have a prenup. How can I protect myself
if he would get married and meet his untimely demise (with no prenup). Would his then wife
get his share of the property? Could I have a legal agreement between him and myself that he has to get a prenup before marriage or the property reverts back to me?
Submitted: 7 years ago.Category: Tax
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10/1/2010
Tax Professional: Richard, Tax Attorney replied 7 years ago
Richard
Richard, Tax Attorney
Category: Tax
Satisfied Customers: 55,810
Experience: 29 years of experience as a tax, real estate, and business attorney.
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Good evening. You can do one of two things....i) you can own it as joint tenants with right of survivorship so that if one of you dies, 100% ownership of the property automatically vests in the surviving owner...that covers you in the event of death; or ii) you can put a reversion provision in the deed that as long as your alive, if your son gets married without a prenuptial agreement...although this property will still be his sole and separate property even after marriage...that his interest automatically reverts to you.

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Richard
Richard, Tax Attorney
Category: Tax
Satisfied Customers: 55,810
Experience: 29 years of experience as a tax, real estate, and business attorney.
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