QUESTION
Can I be forced to leave my home [his house] if something should happen to him and if so, how do I prevent that from happening?
Asked on Apr 26th, 2013 on Estate Planning - Michigan
More details to this question:
My boyfriend and I are both in our 60's and financially secure. We want to marry and live in his house. His daughter is against this. We both have a will leaving everything to our respective children and that is the way we want it.
19 ANSWERS
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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You should prepare and sign a Pre-Nuptial Agreement before you marry - and probably you should (or one of you should) have a trust. Children have no "right" to inherit from their parents.
Answered on May 07th, 2013 at 12:51 AM
If you are not married to the boyfriend and if the house is solely in his name, then you have no rights to the house and no right to stay there if he dies. Either get married or have your boyfriend make a will that explicitly grants you a life estate (a right to live in and use the home) for as long as you live. If he owns the land free and clear, he could also do a new deed conveying the property to his children, but reserving life estates in the property to you and he. Its not really possible to give you a more thorough answer without knowing what you and your boyfriend own. You and the boyfriend really need to sit down with an estate planning attorney who can review your situation and existing wills and see how things can be improved to protect you if something happens to the boyfriend.
Answered on Apr 30th, 2013 at 1:11 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The answer depends on things you have not fully stated. If you do not marry, then you are not entitled to anything, in this scenario. If you DO marry, then you are entitled either to take under the Will, to elect to take against the Will, to elect to take as a pretermitted spouse, or to take your dower rights in the property. In the absence of a pre-nuptial agreement, you would have rights in the property and estate of your husband. Exactly what you would be entitled to would depend on the facts of the situation. The estate plan should be redone, if you get married, to clarify your husband's intent. A pre-nuptial agreement can also be signed, if that is what you want. Presumably, that would put the daughter a bit more at ease.
Answered on Apr 30th, 2013 at 12:55 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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I suggest you have your boyfriend grant to you a life estate in the property(house) by deed, or amend his will to grant you a life estate in the will, which will allow you to live in the property until your death; the amendment to the will would be preferable rather than the grant of a life estate, as the grant in effects puts a restriction on the title should he need to transfer the property for funds to support yourselves/himself.
Answered on Apr 29th, 2013 at 8:45 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Marriage brings a lot of law. Each of you would have rights in the other's estate. Both of you would be subject to paying health care and long term care costs for the other. To answer your direct question, the spouse is entitled to occupy decedent's house for up to a year, but, if you are financially able to secure other housing you might well need to move sooner than that. More things occur to me with each passing moment. If his daughter is named as your boyfriend's agent under a power of attorney, his personal representative, his health care representative, will she begin to take her anger out on you if he becomes incapacitated? I've seen it happen.
Answered on Apr 29th, 2013 at 8:22 PM
The best way to accomplish what you want is for him to give you a life estate in his house. That would allow you to continue to live there but the house would still ultimately go to his children. You should consult an estate planning attorney to assist you.
Answered on Apr 29th, 2013 at 4:41 PM
Unless your name is on the deed or your boyfriend leaves the property to you or grants you the right to continue to live in the house in his will, you have no claim to the house after his death. There are a few exceptions to this, however, it's better to have something in writing that guarantees you can continue living there.
Answered on Apr 29th, 2013 at 4:40 PM
The best course of action would to prepare a trust to avoid probate. You would also update your wills. The house would be transferred to the trust, with instructions on who gets it after each death. You should also prepare powers of attorney. I can help you set all these up, or give you referrals.
Answered on Apr 29th, 2013 at 1:22 PM
2 Awards
You can be forced to leave the house if your boyfriend has an ownership interest in it. The only way to avoid this is to have your boyfriend leave you at least a life estate in the house so you can stay there for your life. Otherwise you can be forced to move if your boyfriend passes because his children can force the property to be sold as new owners.
Answered on Apr 29th, 2013 at 1:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You and your boyfriend it should engage and attorney to counsel you as to how to accomplish your goals. It is possible that you could be granted a life estate in his house. Presently you are single and therefore under one area of the estate law. If you marry things change. How you title things also change how they will be devised.
Answered on Apr 29th, 2013 at 1:22 PM
There are several ways to accomplish your goals. You may want to consider having a life estate in the property so you can remain there during your life. Whatever solution you choose, you should visit immediately with an attorney specializing in estate planning.
Answered on Apr 29th, 2013 at 1:21 PM
Thomas Edward Gates
He can modify his will to give you a life estate (allowing you to live there until you die) and then the house reverting to his children, per the terms of his will.
Answered on Apr 29th, 2013 at 1:21 PM
Business Transactions Attorney serving Los Angeles, CA
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Doland & Fraade
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The way to avoid this scenario is to leave the other spouse a "life estate" in the home, permitting the spouse to live in the home for life, after which it would pass to the beneficiary indicated in the will.
Answered on Apr 29th, 2013 at 1:20 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, you could be. Your fiance could either put you on the house or give you a life estate, either by deed or by will.
Answered on Apr 29th, 2013 at 1:20 PM
Elder Law Attorney serving Auburn Hills, MI
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Byers & Goulding, P.L.C.
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Yes, your boyfriend's personal representative could evict you from his home upon his death. In order to avoid that situation, your boyfriend would need to update his estate planning to provide for you to continue to reside in his home.
Answered on Apr 29th, 2013 at 1:19 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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These are the types of issues that should be handled through the use of a Premarital Agreement, sometimes called a Prenuptial Agreement. Consult an experienced family law attorney in your area.
Answered on Apr 29th, 2013 at 1:19 PM
3 Awards
It would probably be best to have a prenuptial agreement drafted and to use a separate trust for each of your assets to avoid forced share issues under state law. I suggest that you meet with an estate planning attorney with a waiver of conflict for both of you or separate attorneys to help you achieve your objective.
Answered on Apr 29th, 2013 at 1:18 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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If boyfriend's will leaves everything to his children, they could put you out of the house at his death, since you would have no ownership interest in the house. Have your boyfriend amend his will to give you the use of the house for the rest of your life.
Answered on Apr 29th, 2013 at 1:12 PM
You and your boyfriend may want to do trusts to avoid probate. The documents can be drafted so that you can live in the house in the event your future husband dies first.
Answered on Apr 29th, 2013 at 1:12 PM