leaving house to my daughter

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years 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.

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.

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