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.
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
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
