Inheritance of real estate; wills vs pre-nup and second marriage

Asked over 3 years ago - Baltimore, MD

My mother passed and owns a condo titled in her name alone. Her will states the condo passes to her 8 adult children but her husband of 11 years may live there until he dies or leaves. However, there is also a pre-nup stating that while he may stay there, he also may sell and collect 1/3 and leave 2/3 to the 8 adult children. He is 83 and has no means of support, so I doubt he will sell and become homeless, but how would the new deed become titled? There is no detail on percentage of ownership and it is restated that the condo goes to the children...but the pre-nup give only the husband the right to sell while he lives there.

Attorney answers (1)

  1. David T Wagner

    Contributor Level 8

    Answered . It sounds like this would be a life estate with powers (subject to the obligation to share 2/3 of the proceeds with the children) with the remainder to the children. However, this depends on the exact wording of the pre-nup and the will. I am happy to discuss and help with the transfer.

    This response is not intended as nor does it serve as legal advice and no attorney client relationship has been established between the poster and the responding attorney.

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