Ideally, a person writes one will that disposes of all their possessions, real and personal, tangible and intangible, or whatever character and wheresoever situate. This is simpler than trying to pass this by will, that by joint ownership, and the other by some other means. The question of whether to use a life estate (allowing you to live there for your lifetime) is partly a matter of his age and yours. If he is older, and might need Medicaid assistance at some point, then the life estate can be a problem. If you are both young, then the life estate might be for so many years that it is functionally very nearly the same as leaving the property to you outright. The question is, who else should benefit from his estate, and what is there to be left to them. For many people, the house is essentially everything. Leaving the house to you might mean essentially disinheriting his kids. Rather than a deeded life estate, I prefer to leave the house in trust using a testamentary trust. This way, he can specify who will pay taxes, insurance, maintenance, can leave some money in trust to help with these, and can specify conditions where you lose the right to live there (e.g., you get married). If you're young, and there's a mortgage, can you afford it? If not, he should buy life insurance to pay the mortgage off. Finally, all of this is just ideas. A good estate plan is worth getting done by a lawyer who knows his or her way around these things. The estate plan often can't be fixed after you go. Get it right the first time.
Answered on Oct 18th, 2013 at 4:25 PM