If my dad died and my stepmom wants to make sure that my brother and I get their property that she currently lives on, is it better to deed it to us or put it in a Will?

Asked on February 9, 2015 under Estate Planning, North Carolina


Anne Brady / Law Office of Anne Brady

Answered 5 years ago | Contributor

The ideal method of living in the house until she dies and then having it pass to you and your brother is to set up a living trust.  The house will then be placed in the trust, with you and your brother as the beneficiaries/successor trustees.  That way when you stepmother passes, the trust will be a non-probate asset that will pass directly to you two.  See a wills, trusts and estates lawyer in your town about setting up a revokable, living trust.

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