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How can I word my will to allow my companion to stay in my house til she dies or moves and then pass it to my sons?

Lexington, SC |

My will leaves my estate to my two boys, but I would like to allow my live in female companion to stay in my house til she dies and then pass it on to them and not my companions family.

Attorney Answers 3

Posted

I would advise extreme caution in trying to write your own will as there are many risks involved and things that could unintentionally go wrong. An estate planning attorney could best solve this situation and determine the best course of action.

What you are talking about sounds like it could best be solved by a living trust or a will with a life estate provision. This would allow for the companion to live in the house for the remainder of her life and then pass to your sons on her death. There are many details and facts that have to be worked out and I recommend you consult and attorney instead of doing it your self.

Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust special needs trusts personal injury accident and divorce and family law and entertainment law. For further information visit his website at http://www.ekglaw.com . Follow on Twitter http://twitter.com/#!/ekglaw Like on Facebook http://www.facebook.com/ekglaw . Avvo http://www.avvo.com/attorneys/29401-sc-evan-guthrie-3562169.html LinkedIn http://www.linkedin.com/company/2526866 Google + https://plus.google.com/107399604138666247588/about Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. Evan Guthrie is licensed to practice law throughout the state of South Carolina. For further information visit his website at www.ekglaw.com <ekglaw.com>.

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Posted

There are a number of ways of accomplishing this. Many of them would not need to be done through a Will, and that might allow you to achieve your objectives without the need for probate administration upon your death.

You should meet with an estate planning attorney to make sure that this is set up properly. That way, you know that both your companion and your sons will be protected. One of the issues you will need to sort out is whether or not you want your sons to have your personal belongings. If you do not handle that properly, they may receive nothing.

In addition to whatever you do with the house, you should definitely have a durable power of attorney drawn up, for both health care and financial matters. This will clarify who would have control of your medical treatment and your finances, in the event that you become incapacitated. It could be your companion, your son(s), or someone else completely. If you do not have a power of attorney, no one will understand your intentions, and probate might be needed, to appoint a guardian and/or conservator for you.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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Posted

It can be done through a trust or the deed to the house. The least desirable way would be through a will.

If this answer was, in any way, helpful - please click a positive feedback below. This is a general discussion about legal questions and not a legal consultation. No attorney/client relationship exists. For a specific answer and advice on your specific legal matter, you should arrange a consultation with a practicing attorney.

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