I shared property with my wife before she passed away. Both of our names are on the deed. How should I distribute it to my....

2 views 3 answers
I want to make a will leaving my personal and real property to my children when I die. Can I do all this in one will? Do I have to specifically mention the real property? Do I need a deed of some kind? Thank You!

Attorney Answers

3
James Frederick ·
I am very sorry for your loss. More information is needed about your objectives, as well as the assets and how they are titled. In general, property that is jointly owned, passes to the survivor. If you wish to avoid probate, a Will is NOT the way to do that. There may be other simple and inexpensive estate planning tools that would be appropriate for you. It is best to meet with an estate planning attorney to take care of this. It should not be an expensive estate plan, in all likelihood. You may want to consider the use of a lady bird deed for your real estate. You will certainly want a durable power of attorney for financial and medical matters. You are very wise to take care of this, so that your children will not have a complicated and expensive situation to deal with. James Frederick
0 upvotes
Christopher Allyn SevickResidential Real Estate LawyerAnn Arbor, MI ·
So sorry for your loss. You may be able to do this in a will, but the deed on the property would have to be reviewed prior to see if you became the owner of the full property on her passing. I'd recommend you make an appointment with an estate planning attorney to see about how to accomplish your goals in the best manner for you now, and to avoid issues in distribution upon your passing.
0 upvotes
Peter Conway ·
I agree with Mr. Frederick and Mr. Sevick. Please talk to a lawyer can help you with your estate planning. This would include documents that may be useful before you die as well as the documents that would be required to distribute all of your assets as you wish.
0 upvotes