Q: I want to leave my house to my wife when I pass. What is the appropriate way to do this. She is not on the mortgage.
I have children outside of our marriage and just want to make sure my wife retains our home.
A: There are several things to consider in determining whether that is the best thing to do, and if so, how to do it. There are many other considerations. It depends on your financial situation, health, children and family issues, etc. If not done properly, it can affect Medicaid eligibility, cost additional taxes, and cause other problems. Use the Find a Lawyer tab to retain a local estate planning attorney who can review your situation and advise you of your options and which option best achieves your goals.
A: If you transfer title to the property from you to you and your wife as joint tenants, the remainder to the survivor, then title transfers to the survivor immediately and avoids probate.
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