Skip to main content

IS THERE A DOCUMENT I NEED TO ASSURE THAT MY SON GETS OUR HOME AFTER WE ARE GONE THAT CANNOT BE CHANGED.

Rochester, MI |

MY HUSBAND AND I HAVE 1 CHILD AND MY HUSBAND HAS 5 KIDS FROM A PREVIOUS MARRAIGE. WHEN WE BOUGHT OUR HOME (WHICH WAS MY FAMILY HOME SINCE THE 50'S) WE AGREED THAT THE HOUSE WOULD GO TO OUR SON WHEN WE PASSED ON. I NEED TO KNOW WHAT DOCUMENTS WE NEED TO FILL OUT TO MAKE SURE THIS GETS DONE AND CANNOT BE CHANGED ONCE EITHER OF US HAS PASSED. AND DO I HAVE TO HAVE LEGAL ASSISTANCE IN FILLING OUT THE FORM AS WE DON'T HAVE THE EXTRA INCOME TO DO THIS. MY HUSBAND IS RETIRED AND I AM ON DISABILITY. MY SON IS 22.

+ Read More

Attorney answers 4

Posted

Although you can list the house in your wills your husband could change his will in the future. One way of doing this is to place the property in an irrevocable trust. Another way is by granting a deed to your son but reserving for you and your husband a life estate. In either case you should discuss this with a lawyer who can provide you guidance after understanding all the facts.

The above statements are provided as general information and not intended as legal advice. Each matter has its own set of unique circumstances that cannot be adequately addressed without consultation. You are strongly advised to hire an attorney licensed to practice law in your state to represent you.

Posted

It can be done, but not without a lawyer. There are a couple of ways to do it. Stay away from those document preparation companies. The legal fees should not come to more than $1000 or so. It will be worth it for your peace of mind.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

Posted

Given your ages and the possibility that you may need Medicaid to cover nursing home costs in the future, this is not as simple as it sounds. You should consult an elder care lawyer, so your entire situation can be considered, while trying to see that your son gets your home. If you would like my assistance, you may call me at (810) 664-1388.

I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.

Posted

Given the facts you have mentioned so far I would do a Ladybird deed, with a restricted power of appointment. I think an irrevocable trust or other more expensive lawyer work would be overkill. If you have email, we can deal with most of this by email for less than $100.00

Wills and estates topics

Recommended articles about Wills and estates

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer