and here is where it might get tricky. He lives with his girlfriend-who he has been with for many years, and they had both of their names put on the deed. He did pay for most of it however. The problem is that he is sick and feels he may pass away in the next few years and has no problem with his "wife" living there after-but she has kids who are grown and very greedy and try to push her around and usually succeed. I know-sounds crazy and it really is. What our dad would like to do-without a will having to be made-is sign the home over to us in the event of his death with the exception that his wife may still live there, but ultimatley we have say so and that way none of her children can try to take over. So, if anyone out there knows of the right legal form/document that would be used for this-other than a will, will you please help me out?? I would greatly appreciate it, and please, no joking or rude answers. Thank you! (and by the way-his wife absolutely agrees with this)
2007-04-25 14:46:52 · 7 answers · asked by Mystyk 3 in Politics & Government ➔ Law & Ethics
Just to add after seeing one of the answers-the whole home will be signed over to us, they both will sign. We would like to do this without lawyers if possible....
2007-04-25 15:00:37 · update #1
Ok-adding more-THEY want to sign it over to us-we did not want it, but this is something that they want to do and they are both going to sign it over-not just him.....
2007-04-25 15:06:58 · update #2
Yo will need a living will. Try this resource and you don't need a lawyer.
2007-04-27 14:56:13 · answer #1 · answered by dorwin29 3 · 0⤊ 0⤋
No, he can't. If her name is on the deed, he can't give it away, sell it, or anything else without her approval. If she agrees to the transaction, then they both can gift it to you. The problem with that is that you'll have a tax liability of about 15% of the homes' value, whereas inheriting it creates no tax liability.
When he passes away, the property goes to her. Even with a will, he cannot bequeath it to you while she is still alive. It becomes her sole property to do with what she pleases because her name is on the deed as a co-owner.
Don't worry over what somebody will leave you. It's up to you to make your own way. If you inherit a big chunk, that's great. If not, don't sweat it and keep on truckin'.
2007-04-25 22:03:26 · answer #2 · answered by Anonymous · 1⤊ 0⤋
What do you have against wills? It will achieve what you want, will be relatively simple and cheap.
You should be aware that some forms of joint ownership means that all of the property goes to the other co-owner on death, regardless of what any will says. If your father and his girlfriend have that sort of co-ownership you really do need a lawyer.
2007-04-25 22:04:36 · answer #3 · answered by iansand 7 · 0⤊ 0⤋
Try the site below, watch the online movie. Hope this helps.
2007-04-25 22:32:44 · answer #4 · answered by citronge69 4 · 0⤊ 0⤋
I seriously doubt this is a DIY situation. I'm no big friend of lawyers but in this case you probably should talk to one.
2007-04-25 21:56:48 · answer #5 · answered by walyank 6 · 1⤊ 0⤋
Hire a lawyer now. Don't wait.
Otherwise, signing his half over might work to your benefit, so why fight it?
2007-04-25 21:55:15 · answer #6 · answered by krollohare2 7 · 0⤊ 0⤋
Without a will you're asking for more trouble than you want to imagine.Take it from there.
2007-04-25 22:54:52 · answer #7 · answered by mdk 3 · 0⤊ 0⤋