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If a will states that the estate is to be split
between the children can one child choose to
keep the house if the other person agrees?

Asked on July 5, 2018 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, and depending on what they mutually agree to do, there are several ways to do this:
1) If A wants the house and B is willing to give it up without anything else in return, B can "disclaim," or give up his rights to, inherit the house.
2) If A wants the house, B wants to get something else (e.g. a larger share of money from the estate; some other items or property from the estate), B can disclaim his rights to the house while A disclaims his rights to inherit other property which he is willing to let B get in exchange for the house.
3) They can both inherit, then B can sell or gift his interest in the home (e.g. via  quitclaim deed) to A.
The heirs should decide what they want to do, then consult with a trusts and estates attorney about the best way to do it; the lawyer can make sure the necesssary paperwork is properly drafted, signed, and filed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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