Q: My brother is dying, he has a will (free will.com) giving his home to his nephew. Once my brother dies is the house
automatically my nephews or do we have to wait 6 months? Should we go ahead and put the house in my nephews name before he passes ?
A: My best advice is do not do anything without consulting with an estate planning attorney. Putting the house in the nephews' names now could have adverse tax consequences for them and also adverse government benefits planning consequences for your brother. You should also have that will reviewed to make sure it was properly drawn and executed. Most DIY wills that I review are NOT properly drawn and executed, resulting in the estate not passing according to the testator's wishes.
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