Q: I live on property that my father owns. I want to be sure that I get this property if he passes.
He wants to leave the property to me as my husband and I have a small home business here. If he leaves it to me in a will is that all we would need?
A: Generally, your father, if he is still mentally competent and capable of forming testamentary intent, can make a will leaving his property to whomever he wishes. If he agrees with you, have him make a will leaving you the property. If he doesn't make a will, you alone would inherit the property only if you were his sole living heir when he dies - no siblings or children of deceased siblings, etc. I strongly recommend having a lawyer near your father prepare the will at your father's direction and see to it that it is properly executed. Will kits that you find on the internet may or may not work. He might write it all down in a way that is clear and makes sense only to fail to execute it properly - voiding the whole thing. A simple will is not expensive. Contact a local estate planning attorney. Good luck.
A: If he is sure that he wants you to get it when he dies, it might be simpler for him to convey it to you and your husband by deed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
