Q: The best way to leave my daughter and not my wife my home without adding my daughter to the deed if my wife is on deed
My wife wants to be added to my deed. I want my daughter to have the home after I die. Currently the home is empty and I reside in my wife's house with her. I want to leave my house to my daughter, but my wife objects. I have a daughter and she has a daughter and there's disaccord within the blended family so I'm concerned that in the event of my death, my wife will not give the house to my daughter and special needs grandchild, but to her daughter. Is there anything I can to to appease my wife and ultimate leave my house to my daughter.
A:
Your situation is not unusual, but is certainly a sticky wicket. There are three ways to accomplish your goal.
1. Draft a will leaving a life estate to your wife with the remainder to your daughter. This creates possible accounting night mares if the will is not properly drafted. However, it will be effective for leaving the house to your daughter.
2. You can name you, your wife and your daughter as joint tenants with rights of survivorship. I assume your daughter will outlive both you and your wife. This will work, but could be undone by your wife passing her share on another person without anyone's permission.
3. You can go ahead and transfer to your daughter in fee simple now and the problem is behind you.
The other thing you mention is the special needs grandchild. You need to make sure both you and your daughter have a will that addresses an inheritance by your granddaughter. As you probably know, your granddaughter cannot inherit without risking her government needs based aid she receives based upon her disability. You really need to see an estate planning specialist to help you through the issues.
Homer P Jordan IV agrees with this answer
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