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What is the best way of leaving my husbands adult children his half of our homes sale price, or entire home once I am gone?

Sequim, WA |

My husband is 18 years my senior. In the case he preceeds me in death, he would like his (2) adult children to either recieve 50% of the proceeds upon a sale of our home prior to my death or have them simply inherit 50% each of the home after my death if I should remain in my home up until that point. I fear there may be far too much risk within a "Tenants-In-Common" scenario. A Trust is expensive for one piece of property and a Will may be probated. I feel that personal strifes, individual financial hardships and/or need for financial gain on the part of these particular individuals, would jeopardize my ability to maintain control and could take too many of the decisions out of my hands; to rely on the grace, honesty, and present sincerity of these individuals. Any other options?

Attorney Answers 2


  1. If you do nothing there will be a probate of the estate when he dies. It will be expensive and time consuming.

    A living trust is not that expensive and will save time and money in the long run. Consult an estate planning attorney in your area and you will realize they are relatively inexpensive.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


  2. Besides the general advice that is provided, have you considered the possibility of losing the home to uncovered medical or long term care costs? If your goal is to make sure that your and your husband's children end up getting the property you should make sure that you have planned around the issue of uncovered medical and long term care costs as well. Nursing home costs running at about $12,000 per month will eat into the assets quickly. The answer would be either a Will or a trust with a safe harbor trust provided in the isntrument. Upon your husband's death his share of the home will be held by this safe harbor trust which will insulate the assets from uncovered medical costs while allowing the trustee to use the assets for your needs if called for. What seems to be a simple issue is really more than that. See the assistance of a good elder law attorney and you will get good results. Rajiv Nagaich.

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