My Mother and her husband bought a house using the money from the sale of my Mother’s house.He will not make a will, he is 85. What can my mother do?

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My Mother and her husband bought a house using the money from the sale of my Mother’s house.He will not make a will, he is 85. What can my mother do?

My mother was a widow when she married her husband. They sold her house and used the cash to buy another one. Both names are on the title. He refuses to have a will made. He has 3 children and my mother has 5. What can she do to protect her children’s interest if she passes away before him. She is 78, he is 85.He gave his house to his children after he married my mother.The money from the sale of his house went to his children.She does not want his children to benefit from the sale of their house if he dies after her.Thank you

Asked on May 10, 2009 under Estate Planning, Pennsylvania

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You are doing the right thing by seeking legal advice.  If a persons dies without a will the laws of intesty apply.  In other words, property passes down by bloodline.  As far as the house is concened, if your mom dies before he does, the house goes him assuming that they took title jointly.  She may want to convey her interest in the property to a trust whereby her children are the beneficiaries.  That way, the kids are protected.  There are other ways to accomplish your goal to instead of a trust, but i wanted to let you know that you have some options.  I think that your mother and her husband need to have a talk about it so that they can decide whether they want to place the property into a limited liability company that they both have a certain percentage ownership.  I suggest having your mom see a lawyer immediately.


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