My husband is purchasing a home in his name only because of a previous bankruptcy.

Asked over 1 year ago - Cleveland, OH

We have been married 29 years & we don 't want the home to go to the state should anything happen to him. I will not be on the deed. He had a bankruptcy a few years back and we don't want any creditors that may now come after me, try to place a lien on the home. What is the best type of will for him to get to guarantee I get the home should something happen to him? Any special wording?

Attorney answers (5)

  1. Michael J. Ireland

    Contributor Level 12

    7

    Lawyers agree

    Answered . I have added the "Estate Planning" flag to this post in hopes you may obtain better feedback.

    I agree with Attorney Bollinger - you need to engage a competent, local estate planning attorney to assist you with this matter.

    Do it yourself estate planning works out as often as do it yourself surgery. I know Attorney Bollinger has limited experience with DIY surgery, so I had to use that example. In any situation, DO NOT try this at home. Mistakes are usually discovered only after a death and most of the time, it is too late then to fix anything.

    Good luck.

    If you need further clarity, please email me at MICHAEL@MIRELAND.US Answers to questions are for general... more
  2. Justin Jay Watling

    Contributor Level 15

    5

    Lawyers agree

    Answered . The best Will is no Will. Consider the use of a Living Trust if you are concerned that if the real estate comes into your name it will be subjected to claims from your creditors. There will have to be some non-standard language in the Trust, so you need to consult with an experienced Estate Planning and Trusts attorney.

  3. C L Huddleston III

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . No type of Will can help you. And in any event, you question doesn't make an sense to me. If he had a bankruptcy a few years ago and his debts were discharged, he should have no creditors; and his creditors have no claim against you.

    Ohio has a new law (on which I was privileged to testify in the Ohio House) that becomes effective in mid-March, raising the Ohio Homestead Exemption from $21,625 to $125,000. If your home has a net value (market value minus mortgage) of $125,000 or less, creditors will not be able to claim against it.

    If your home has more value than that, in Ohio it can all be protected with a properly-drawn living trust. Don't make this out to be a harder deal than it should be: Retain an expert in estate planning and get properly-drawn living trusts. You'll be fine ... but this area of law is fraught with landmines, so don't try it yourselves.

    Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus... more
  4. Elizabeth Smith Schmitz

    Contributor Level 14

    3

    Lawyers agree

    Answered . Your question is complicated and a consultation with an estate planning attorney would be a good idea. In addition to considering a trust you might want to consider a transfer on death affidavit.

  5. Gary D. Bollinger

    Contributor Level 19

    3

    Lawyers agree

    Answered . You probably need a living trust.

    You definitely need to meet with an estate planning or Elder Law attorney.

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