Q: I have been with the father of my children for 11 years. The house is in his name only. Without a will, if something
Were to happen to him (God forbid), what would happen to the house? Would it go to our children (they're only 6 and 3)?
He recently got in a car accident, and luckily was ok, but just got me thinking about the future! Thanks!
A: It would be best if he transferred the property to you and himself, as husband and wife. Then upon the demise of the first of you, the other spouse would have full title to the property. Without your name on the deed, you would get a life estate in the property with ownership to your children, or you can take what is called an elective share, meaning you get 30% of the house with the balance to the children. it is complicated. The best route is to have the house in both your names and to have a Will and perhaps a Trust, to avoid probate.
Bruce Alexander Minnick agrees with this answer
A:
If you are NOT married you should still get his to transfer the house to you and himself as tenants in common, with right of survivorship. Then if anything happens to him--or you--the survivor will end up with the house. Both of you might want to draft simple wills too--just to have everything in place for the benefit of your children.
Bruce Alexander Minnick, Esq. Tallahassee, Florida
Terrence H Thorgaard agrees with this answer
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