If I will property that I owned prior to being married to my daughter, what happens if my husband and I die at the same time?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I will property that I owned prior to being married to my daughter, what happens if my husband and I die at the same time?

Asked on September 1, 2014 under Estate Planning, South Carolina

Answers:

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

Answered 7 years ago | Contributor

Ok you are doing a little estate planning and that is great.  But there are so many questions about the property and such that I can not ask you and so it is hard to help guide you. Generally, if the property was your prior to your marriage then it is separate and not marital and you can give it to whom you wish unless your husband objects at probate. He may say that the assets value increase since the marriage was actively because of him, etc. Now the issue with who dies first may not matter is the asset is in your name only (should you die first) and you have a Will. If he dies first obviously it dies not matter. Sometimes when there are joint wills or both have wills the will states something about who will be considered to have died first should they die at the same time. I think you should speak with an estate planner.  Maybe consider transferring the asset to your daughter now or place it in trust or as a joint tenant with rights of survivorship.  But find out all the tax ramifications etc.   Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption