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Can my stepchildren take my property after I pass?
Anonymous7 views3 answers
My husband and I have been married for 23 years. He was admitted to a nursing home 6 years ago after suffering from a stroke. I'm currently living alone. In that 23 years, my husband was unemployed most of the time. I paid for most of the expenses including all mortgage payments and some utilities.
I'm planning on moving back in with my daughter. My house doesn't worth much so I'm planning on selling it. After the house is sold, I'll gift the money to my daughter and she'll use it as a down payment on a new house where we'll all live together.
After my husband and/or I pass, is there any way for my stepchildren to go after my daughter for any money or the house? The deed to the house I'm living in now only has my name on it. The new house will only have my daughter and son in law.
Property that yo own or gift cannot be taken by your stepchildren However, you would benefit greatly and have more peace of mind if you do some estate planning. Speak with one or more estate planning attorneys and hire the one you like the best. You will not regret it.
Judith Anne ScheningEstate Planning AttorneySouth Elgin, IL ·
Based on the facts you have presented, it is very unlikely that your husband's children would have a claim for any of the sale proceeds of the house that is in your sole name. I do agree, however, that you would be better served by consulting an estate planning attorney in your area, especially before you buy a new house with other people on the deed. There are other ways to pass the property to them upon your death without having to go through probate, and your house will not be exposed to their creditors.
I think it would be a really good idea to talk with an estate planning attorney to make absolutely sure your money goes where you want it to after you pass.
Frankly, estate planning attorneys (and elder law attorneys) are my favorite kind of lawyers. They're usually very friendly and used to explaining complex issue to "normal" people. Most offer free or very low cost consultations. Take advantage of this. Go sit down with two or three and discuss your situation in full. After you've gotten a couple of opinions, hire the lawyer you trust the most.
Best of luck to you and your family.
