Asked in Divorce and Estate Planning for Maine

Q: How can I protect my home and only be able to leave it to my son in my will and not his wife in case they divorce?

My son and wife are in a rocky relationship. I am leaving him my home (my spouse has died) but I don’t want his wife to get any of it if they divorce.

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3 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: You can leave the house to him in a continuing trust with an independent trustee. There are a lot of issues to consider so you should hire an experienced estate planning attorney to help you.

Daniel J. Eccher agrees with this answer

1 user found this answer helpful

Daniel J. Eccher
Daniel J. Eccher
Answered
  • Estate Planning Lawyer
  • Winthrop, ME
  • Licensed in Maine

A: You should sign a Will that names your son, alone, as the beneficiary of your home. You could also register a "transfer on death deed." The most effective (and expensive) would to put the house in a trust for your son's benefit. You should consult with a lawyer who practices both estate planning and real estate law.

1 user found this answer helpful

Fred Bopp III
Fred Bopp III
Answered
  • Yarmouth, ME
  • Licensed in Maine

A: This is not my area of expertise, but if you are interested in exploring these issues further with a Maine attorney, my partner, Cecilia Guecia, practices in both of these areas (estate planning and family law) and I am sure she would be happy to have an initial discussion with you about your situation. Her telephone number is (207) 846-6111 and her email is cguecia@boppguecia.com.

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