Quote:
Originally Posted by Buckeyephan
Even though my husband was an only child and the only heir in the will, it had to go through probate since my MIL had not put his name on the deed. The attorney took 2% of the selling price of the house as her fee. That is standard in Florida. Took 4 months to get clear title in Polk county.
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You don’t want someone else on the deed but you should make the deed with a remainderman. If your husband died before MIL or did something scary like file bankruptcy or is sued for say an auto accident causing a large claim, they could go after MIL’s home.
the remainderman or a ladybird deed allows the house to transfer upon MIL’s death without probate and supersedes a will. there are differences in the two so ask the attorney who will recreate the deed for the one you want.
I also have all our accounts from checking to IRAs to investment accounts with a beneficiary. So upon spouse and myself death 98% of our estate would transfer outside of probate.