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DAVES 04-12-2021 08:18 AM

Quote:

Originally Posted by jayerose (Post 1928955)
I want to leave the house to my daughter but would like my husband, if I pass before him, to have the choice to stay in the house until he moves or passes away.

Yes, I can google it but just wanted to post first...it is not a will I would state this, is it?

thank you all.

You should discuss with an attorney. Things can get problematic with a second marriage, kids etc. It is likely you have other property besides the house. Who gets the painting that all hate or love? The dog? Etc.

When, my mom passed, my sister and I were at war over other issues. My parents did not have much. Each item was listed as to who gets what. It could have been ugly. It was not due to whoever wrote the will or how they had it done.

My mom left each of us half of her IRA as an inherited IRA. I think the law has changed.
I think the forced distribution is figured on a shorter time frame. It is a minor inconvenience to take it every year. I could opt to take it all out and pay the tax on it.
For me it is a gift that keeps on giving long after passing.

harleyfarmer 04-12-2021 08:30 AM

have seen this in the past. causes a lot of problems. Children obviously want the unrelated spouse out quick and always demand things aren't kept up as they should be. If you love the person enough to marry them then leave them the house. the heck with the kids. that's what I did

virtue51 04-12-2021 09:12 AM

You need to consult with an estate attorney. This is your best option .

zendog3 04-12-2021 09:54 AM

A bit more complicated than you may think. My wife has more money than I and she wants her estate to go to her children after we both die. But we both want me to live the life I now live if she passes first. Our agreement is: If she dies first I can live in the house. If I am lonely here and want to move to be near my children, I can sell the house and buy where I chose, but after I die, that house sells and the proceeds go to her children. Same if I am forced to go into long-term care. I can sell the house and use the proceeds to pay for care until I die, then the remainder of the estate goes to her children.

Think of it this way: For me, the house is the place I live for the rest of my life. The place I live may be someplace other than TV. For her children, the house is a non-cash part of their estate that they will probably liquidate after we are both dead.

Few people want to leave their spouse poor while their children have plenty, nor do they want to force their spouse to live in a house that does not fit. For example, if my wife dies first, I may very well want to sell our big house and move into a smaller villa home.

Chances are small that both my wife and I will die at the same time, but we both want part of our estate to secure a good life for our spouse before the remainder of the estate passes to our children. It is a little tricky to do that, but your lawyer can make it happen. Don't leave it up to an oral agreement. When we get old, we may become demented and vulnerable to people who do not care for our younger agreements. A clearly written will can prevent a lot of family squabbles after death.

stebooo 04-12-2021 10:27 AM

This is the answer. Occupant must maintain facility and cover all expenses.

Spsmith444 04-12-2021 10:32 AM

Does your husband have children? Might he re-marriage? That is a slippery slope. Went through this once and it was a mess. I would give him 120 days to move if you were to pass before him. Sorry for being negative but sh$$ happens in situations just like yours.

Debfrommaine 04-12-2021 10:47 AM

Quote:

Originally Posted by Mmhrdh0529 (Post 1929099)
Yes, a friend of mine had this happen to her. Her mom passed relatively young 55-60 and the problem was her step dad didn’t have the money or chose not to keep the home repairs up. Since he lived in the house for a long time it was a problem. I don’t know if you can set up a fund to see that the house is properly maintained or a clause in the trust?

To my same point previous thread, new wife gets access to the money to keep up the home any way she wishes. Good for her, sad for the kids. When we asked my dad about the arrangement his reply was "it's just easier"....he did not do well with conflict.

tvbound 04-12-2021 11:49 AM

Inheritances, particularly when 'step-relatives' are involved, are notorious for bringing out the greed in people. It should be up to the deceased parent to decide how he/she wants their surviving spouse to be taken care of, not any potential inheritors (re: children) trying to maximize their portion of their late parents estate. Establish a trust and don't depend on just a will.

Sudokukid 04-12-2021 12:41 PM

Creating a revocable trust and putting your assets into it will solve your problem and save your heir(s) the grief of dealing with FL probate, which can take 2 years or more before your estate is settled. You can make your daughter a co-trustee with you during your life and the sustaining trustee upon your death. You can stipulate in the trust that your husband has use of your assets, but not control over them, upon your death leaving the administration of your estate in the hands of your daughter. You should get advice and assistance from a qualified law firm specializing in Elder Law Planning.

Dot Rheinhardt 04-12-2021 01:32 PM

You can do a life estate. Your attorney can set it up.

manaboutown 04-12-2021 06:41 PM

Each situation is different. Obviously legal instruments such as trusts and wills can be used. A home can also be re-deeded to one's children subject to a surviving spouse's life estate. The relationships among and characters of the various parties, their financial and marital states and other factors come into play. It is best to use an estate attorney with experience in this type of conundrum as it can be nettlesome.

NAB20 04-13-2021 01:15 PM

Quote:

Originally Posted by b0bd0herty (Post 1929106)
You don't trust your husband to leave it to your daughter if you pass first? If you do, put it in his will also.

He can easily change his will at any time after the OP passes.


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