QUESTION

How much would I pay an attorney if I want to bequeath my share of our house to my son?

Asked on Apr 19th, 2013 on Divorce - Michigan
More details to this question:
We are getting divorced. Can I bequeath my share of our house to my son and then let my wife do a will so that her own share would be divided between my son and stepdaughter? So with the Will, my son would have 75% and my stepdaughter 25%.
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6 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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So your son only gets it when you are dead? Who is going to stay in the house now? And what makes you think your wife won't bequeath her interest to just your step daughter? First, talk with your attorney. It seems to me that maybe the house should be sold, you each get your share and then you can do with it what you want. There are too many questions for an easy answer. If you don't have an attorney, you should at least talk to one so all of the right questions can be asked.
Answered on Apr 23rd, 2013 at 1:28 AM

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After the dissolution is complete, you can will the property to whomever you chose. Wills are inexpensive, a few hundred dollars at most.
Answered on Apr 22nd, 2013 at 10:19 PM

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Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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You can do a will at any time that states who you want to own your interest in property; however, you cannot control who she leaves her portion to. You could "sell" or "deed" your interest in the property pursuant to the divorce decree.
Answered on Apr 22nd, 2013 at 9:59 PM

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Employment Law Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
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Certainly, one can arrange in a will to make such arrangements. The cost will depend on the Attorney, though some - such as myself - are quite reasonable.
Answered on Apr 22nd, 2013 at 9:54 PM

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You should finish your divorce and then each of you do your estate planning. You are both subject to automatic temporary restraining orders preventing you disposing of your assets until the court has divided them. Although you could do this by agreement, it would be better to wait. A will should not be very expensive, a will and a trust runs anywhere from $1,000 up.
Answered on Apr 22nd, 2013 at 9:51 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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This is not a particularly difficult transaction and therefore should not be overly expensive. I would ask your divorce attorney to assist you and, if you do not have a divorce attorney. retain one immediately. This is not a standard provision in a divorce, and therefore I suspect you are proceeding with little or no counsel. It is very foolish and will have huge ramifications on your future.
Answered on Apr 22nd, 2013 at 9:51 PM

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