Wasilla, AK asked in Estate Planning and Family Law for Alaska

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?

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2 Lawyer Answers
Ben F Meek III
Ben F Meek III
PREMIUM
Answered
  • Estate Planning Lawyer
  • Oklahoma City, OK

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.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Alaska

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.

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