Birmingham, AL asked in Estate Planning and Probate for Alabama

Q: If I die first can I leave my house to my kids and exclude my spouse?

Only been married 2 years. We're both in our late 60s. Live in the house I bought 30 years ago and paid off before I ever met him. I want my house left to my two adult kids so they can sell it and split the money. All his friends and family are from another state. I'm confident when I'm gone he'll go back and I don't want him to be able to sell my house, take the money and leave my kids with nothing. My name is the only one on the deed.

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1 Lawyer Answer
Sheila Crumley Field
Sheila Crumley Field
  • Estate Planning Lawyer
  • Licensed in Alabama

A: You need a Will. In the Will you will have to leave him at least a dollar or he will be able to take a spousal share which is 50%. Go see a lawyer and make it happen. If you have a current Will that leaves the house to the kids then he will be about to take the 50%. So make sure you do this immediately in order to protect your children. Good luck.

1 user found this answer helpful

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