My home was purchased by me with money I received from a relative. I live in the state of Georgia. I have a will which state upon my death the home is to go to my daughter and grandchildren. I allowed my husband to move in this house with me. Do need to have him write a letter disclaiming interest in the home, with I have a will stating that the home was purchased with inherited funds
It sounds as though there is marital disharmony. If so, you should make sure that your husband's name is never on the real estate. Further, your will alone will not protect the house from going to your husband after your death. He can file a Petition for Year's Support and ask that the house be given to him. There are several ways to keep your husband from ever getting his hands on the house. However, without knowing more, there is no clear advice that I can give you.
If you want your husband to legally give up any possible claim he might have to the home, you need to get a post-nuptial agreement in which he waives not only any right to the home during your lifetime, such as if you and he divorce, and in which he waives any interest he would have in the home either as your heir. He should also waive any right to make a year's support claim against your estate. A letter signed by him would not be legally binding, and he can't disclaim a right to home now because he doesn't have one yet under the facts as you state them.
You should also ensure that your Will is currently in effect. If you married after you wrote the existing Will, then your marriage may have negatively affected the validity of the Will. The fact that the Will states the house is purchased with inherited funds does not matter: that is an issue only in a divorce, not at your death, under Georgia law. Over time, you will likely end up using "marital" assets to pay for things related to the house. In addition, appreciation in its value can be marital property. However, again, the concept of marital property does not apply in Georgia unless the couple is actually getting a divorce. At death, "marital" and "separate" property are meaningless concepts. However, a well-drafted post-nuptial agreement under which your husband waives rights to the house either during your lifetime or after your death would be your best protection. And to make that protection even stronger, have your Will reviewed and updated by a good estate planning attorney.
Tips for getting a post-nuptial agreement: Ideally, both of you should have separate attorneys. You cannot use the same attorney; the attorney can represent only one person. If the other person is not represented, however, it creates a greater risk that the post-nuptial agreement won't be respected. So you should each get a good family law attorney and negotiate the agreement, and then get it signed and in place. Then, you need to get a good estate planning attorney and have the attorney help you ensure that your estate plan will work the way you want it to work at your death, whether your husband survives you or not.
Best wishes to you.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.