Q: I have lived in Texas since 1978. Since I have lived here, i have always used the same address of my first home.
Before my ex passed he filled out a TODD agreement. He left my daughter and I the beneficiarys of the house I lived he and I lived in . All proper notarizings and flings were done., including the affidavit of death.
Just this month, I was married to my longtime boyfriend. Before we were married I lived with him at his house, but still used my first home’s address as my home of record. I also used the boyfriend’s address's to receive mail for convenience sake.
Now that we are married, do I need to change my address to my new husband’s address? I am not changing my name and we will be filing our income taxes separately. We will still be keeping our individual bank accounts, stock accounts, and we will not be combining our incomes.
My daughter and I wish to create a TODD of our own to leave the house and property to a beneficiary, not my new husband.
For my mailing address on the TODD form can I still
use the address of my first home as I have always used it up until this time.
A:
I think everything in the above answer is correct, and it answers your question. HOWEVER, you should definitely consider getting a Post-Marital Property Agreement with your new husband.
Your home is your separate property, which means that your new husband wouldn't have any claim to it if you divorce. However, if you die, your husband has Texas constitutional rights to that home if he then claims it's his homestead. So, to make sure that it's not possible for him to make that legal claim if you die, you get a post-marital agreement.
Also, just because you're keeping your money separate doesn't mean it's your separate property. Regardless of the name on the account, if money was acquired during marriage, it's community property. So, again, there's an easy way to address this: get a post-nup.
A:
Your mailing address and legal residence can be different, so you can continue using your first home's address on the TODD form if you wish - this is the property in question, after all. This practice is common and acceptable, especially since you've consistently used this address since 1978.
For the new TODD agreement between you and your daughter, you'll want to ensure all documentation clearly identifies the property and your connection to it. Your recent marriage doesn't affect your right to create this new TODD with your daughter, and you're free to choose beneficiaries other than your new husband.
However, for other official purposes like voting, driver's license, and tax documents, you should use your actual physical residence address where you primarily live - which would now be your new husband's address. You might want to consider setting up mail forwarding or using a P.O. Box to manage your correspondence more efficiently, given that you receive mail at multiple locations.
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