QUESTION
What can I do to prevent my mother's husband from acquiring her house?
Asked on Oct 11th, 2011 on Estate Planning - New York
More details to this question:
My mother is married and after the death of my brother she used the insurance to purchase a house, with her husbands name on the deed as well as hers. She wants to know if there is a legal process to keep her husband from acquiring the property after she dies and leave it to her children? Her husband is 25 years younger than her. Will she need an attorney or is there some way we can personally handle this?
6 ANSWERS
1 Award
She would need to have her husband agree to remove his name from the deed.
Answered on Oct 28th, 2011 at 1:21 PM
3 Awards
By placing his name on title she may have made a gift to him. She should consult an attorney to discuss her options. She may not be able to get back the she gifted unless he agrees. Again she needs to consult an attorney. We charge $100 for a one hour consultation with an attorney who will provide you with important information regarding your specific case and will able to advise your mother on the options that she should consider in determining her next steps.
Answered on Oct 28th, 2011 at 1:21 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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She would need a new deed from her and her husband to her and her husband, but specifically creating tenancy in common rather than tenancy by the entirety. And yes, use a lawyer. Figure the value of getting this right compared to the cost of a couple of hours of legal work.
Answered on Oct 28th, 2011 at 1:21 PM
Glen Edward Ashman
It's too late if she already put his deed on the house. In doing things yourself she has already made an unfixable mistake. Had she seen a lawyer before doing that, she could have very inexpensively did what you asked.
Answered on Oct 13th, 2011 at 12:46 AM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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If your mother and her husband agree, they can retitle the property and provide in her will or trust for it to go the way she wants. If they don't agree, your mother can sever the joint tenancy (assuming it is in joint tenancy) by deed. Her husband then would have only half ownership of the property after your mother's death.
Answered on Oct 12th, 2011 at 2:16 PM
Theodore W. Robinson
About the only way she can stop her present husband from keeping the entire house when she dies is to divorce him and claim that part of the money that went into the house from the insurance proceeds as her own investment and not his. Otherwise, she has already comingled the money she received from the insurance and voluntarily put his name on the deed That means he now own half the house. Period. Unless there was fraud in the inducement or some other reason for trying to get him off that deed now, he's there for good and when she dies, he receives her half by operation of law directly. She may be able to convey her half away, but it will not be easy and she'll need a real estate attorney to undertake it for her to make it even possibly successful.
Answered on Oct 12th, 2011 at 1:49 PM