I die. I have three grown children, Do we need a will drawn up to protect husband from children claiming my share of house?

Asked 3 months ago - Laplace, LA

Can husband live in house, without children trying to make him sell?

Attorney answers (4)

  1. Lauren G. Coleman

    Contributor Level 16

    Answered . If the husband is not the father of the three children they you need a will. If he is the father of the 3 children and you bought the house together then he has a community interest in the house and will also have a usufruct over the half inherited by the children. In that case you do not need a will as his ownership interest and usufruct will protect him. Otherwise you need a will.

    Every situation is different and you should consult your own attorney to go over all the particular facts in your... more
  2. Charles P. Ward

    Pro

    Contributor Level 15

    Answered . Need more information but he can have a life estate in the house until he dies--consult with an attorney to discuss all options--good luck.

    *This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
  3. Ivette M Santaella

    Contributor Level 18

    Answered . Hello,

    It would be a good idea to have a Will drafted to minimize conflict and have a clear record of your intentions as to distribution of your assets.

    To clarify, the house is in your name only? If yes, then a Will bequeathing your husband a life estate with remainder to your children would achieve your goals.

    It is recommended that you consult with local estate planning counsel.

    Good luck.

  4. Michael Leo Potter

    Contributor Level 20

    Answered . Have your Will drafted to make your intentions clear. If you are BOTH owners on title of the house, the survivor typically owns the house 100% But if you are owners (each as to half - also known as tenants in common) then each of you can dispose of your half as you see fit. Sit down with an Estate Planning attorney. See 'Find-A-Lawyer' at the top of this page.

    My answer is based on the limited facts presented. It doesn’t create an attorney-client relationship. Use the ‘... more

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