If I owned my own home and it’s only in my name on the deed of Trust, how can I leave it to my children if I’m married?

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If I owned my own home and it’s only in my name on the deed of Trust, how can I leave it to my children if I’m married?

If I would die, I want my home to be given to my children for them to sell and separate the funds between them equally. However, I recently got married. So now does my home automatically go to my husband if I would pass away? I would like to have my deed of trust say that my children get my home. Is this possible?

Asked on August 19, 2014 under Estate Planning, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The best thing for you to do is to seek help from an estate planner.  You need to make a Will to leave the house to your kids directly.  Or perhaps transfer it in to a trust and make them the beneficiaries of the trust.  There are options but you must act.  Good luck.


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