leaving house to my daughter

when i got divorced i bought my wife out and kept the house…in the agreement it says i have to leave it to my daughter..i am getting remarried and my ex wife wants me to put the deed for my house in my daughters name and giving me life rights to live in the house…cant i just write a will to leave it to here?

Asked on April 25, 2019 under Estate Planning, Rhode Island

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can do it either way--it is legal and valid to give her a "remainder interest" (the right to the home after you pass away, without the house having to go through probate) while keeping a "life estate" (right to live there for life) for yourself (this is the "deed for my house in my daughter's name," etc. option), or to simply keep it in your name and will it to her (in which case it goes through probate after you pass away). There are pros and cons to each approach, in terms of your rights, the costs, your and your daughters degree of control, etc. You should consult with a trusts and estates attorney, who can help you decide what is best for you (and your daughter) given your own unique circumstances.


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