- April 22, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview
My father intends to pass down his house to my brother and me, which he built with our mother around four decades ago. Despite getting divorced, he retained ownership of the house. Approximately six years back, he added his new wife to the deed by transferring it with a nominal fee of $1. His will clearly stipulates that the house should be inherited by my brother and me, a sentiment he has reiterated multiple times. However, a lingering concern arises – can he legally bequeath something that he no longer fully owns, given his new wife’s stake in the property? Would we be entitled to only half of the house while his spouse retains the other 50%? Is there a specific legal mechanism, like a codicil, required to nullify her rights to the property either during his lifetime or post his demise? Alternatively, are we bound by the current arrangement without any recourse?
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Do they own it as tenants in common or joint tenants with right of survivorship?
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The will only controls the property he owns that makes it into the legal structure of the estate
At best, you inherit his share (tenants in common). He cannot will away property that belongs to someone else
If they own it as JTWROS, then whoever outlives the other automatically gets the whole property, bypassing the will and the estate
> Is there some codicil or other structure needed to override her being on the deed, either while he’s still living or after he passes?
What state?
Divorce and redistribution of property may be it at this point
[deleted]
You can talk with your father about changing the deed while he’s alive so that it removes his wife (she’d obviously need to agree to that). EDIT:[With that accomplished,] your father could put the house into a trust that specifies the house is left to you and your brother, but gives his wife the right to live in the house for the remainder of her life. That arrangement is known as a “life estate.” Your dad would need a lawyer to create the trust.