Will Estate question?
Is there a way to write in MY will where my wife inherits the deed to my house when I pass away and then when she passes away my daughter inherits the deed? Or somehow have it where my wife can live in the house till she passes away then my daughter receives the full deed? My wife said she will NOT leave it to my daughter if I end up giving the whole deed to my wife.
- Common SenseLv 71 month ago
You want your daughter to end up with your home. The ONLY way to guarantee that is to put the house in her name as joint owners with a survivorship clause.... while you are still alive or Will it to your daughter upon your death. And either way, the house must be solely in your name to do so.
You could have a clause which states that your wife has her lifetime use if she pays the taxes and maintenance costs.
By the sounds of it, your wife does not want your daughter to end up with your house. If you were a smart man, you will keep your will in a lock box
At the bank with your daughter listed as an owner. Because if your wife gets a hold of your will, she may destroy it...making all you own, hers, upon your death.
Protect yourself while you still can. Your wife need not even know you drafted a will or your estate plans. Probably better that way in the long run.
You already know your wife will not pass your estate to your daughter...so, make it happen with legal documentation.
How can you remain married to such a greedy wife is beyond my comprehension.
Protect your assets...put your daughters name on your deed now, and leave your portion to her in a will that is kept away from your wife's hands.
- LLv 51 month ago
YOU need to discuss this with a lawyer.
- Homer BufflekillLv 51 month ago
My mothers great grandparents did something like that...they left the family farm to the "heirs of xxx". Well, that worked well for a while. After WW2, my great uncle basically baby sat my other great uncle who suffered from shell shock (PTSD) there. After they died, anyone in the family that needed a place to stay would go there. Now, 50 years later, and at least 500 descendants later, nobody wants to pay the taxes, nobody wants to keep the place up, and nobody can do anything with it. The majority of the land has been sold off to pay taxes, it sits empty for years at a time, basically, its a mess. My advise is to do some soul searching and pick one person. You'll be saving a lot of people a lot of grief down the road. Good luck.
- Ron AkiaLv 61 month ago
You can include a stipulation in your will regarding what she may do, and cannot do with the property, namely that, upon her demise, the house becomes the property of yourdaughter.
- What do you think of the answers? You can sign in to give your opinion on the answer.
- car253Lv 71 month ago
Life Estate. That is what you want. You put in the deed in your daughter's name, but it gives BOTH of you the right to live in the home until you both die. It is the simpliest thing and easiest thing to do. Way easier than a trust or a will.
- realtor.sailorLv 71 month ago
If you and your wife were married at the time of purchase then she has an equitable interest in the home and title is vested solely upon your death.
- Christin KLv 71 month ago
You can write all this in your will--BUT--after you're gone, you have no control over what your spouse decides to do about it. She may decide that she can't abide by the provisions you've created--and there is nothing you'll be able to do about it. Talk to an attorney about this. You may be able to put half of the house value into a trust ONLY for your daughter, so your wife can't sell it or touch it. You may be able to divide the property. You really didn't give us enough information about the particulars here, but whatever you decide to do will absolutely have to be done by a lawyer.
- sunshine_melLv 71 month ago
Yes - go to a solicitor who will advise you on the options and then draw it up for you.
It's likely you'll need to leave it to your daughter with your wife being permitted to stay during her lifetime / in trust, but your solicitor will provide specific legal advise to you.
- StephenWeinsteinLv 71 month ago
Yes, but it's complicated and you need to hire a lawyer to help you do it correctly. One way is with a trust that would hold the deed while your wife is alive and transfer it to your daughter when she dies. That's not necessarily the only way.
- babyboomer1001Lv 71 month ago
Some of these answers are only partially right. First off, you cannot give a deed to anyone and deeds are not inherited either. Without knowing whether your wife has any equitable interest in the house, it is impossible to answer you. IF she has none, then you can accomplish what you want but not in a Will. You will need a trust and in that trust, give your wife a life estate interest, while your daughter inherits the house. Your lawyer can also help you with fairness. I don't know how long you have been married but, it might be fair to allow your wife half of the house, or all of it, depending on circumstances. Then again, fairness could leave it all to your daughter, after a life estate given to your wife. Ask the lawyer about it if you aren't sure. You don't want to give the wrong person the raw deal.Source(s): Certified Paralegal, with 25+ years' experience & with Wills & Estates law experience.