If there is no mortgage on my house and I have Willed it to my child, will they get the actual house when I die or will it be sold and the money given to my child?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If there is no mortgage on my house and I have Willed it to my child, will they get the actual house when I die or will it be sold and the money given to my child?

I’m terminal and only have a few months left to live. I want to make sure my child has a place to live after I am gone.

Asked on July 23, 2012 under Estate Planning, Maine

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your situation.  SInce this is probably utmost on your mind I urge you to speak with some one about how to set things up for your child so that he or she can live in the house as you wish.  How ever you choose to structure the matter is up to you so if you leave the child your home then it is theirs to live in.  But you have not mentioned how old the child is.  If the child is a minor then they would have no way to pay bills, etc. for the house.  Even with out a mortgage bills can be overwhelming.  And who will be the executor of the Will?  The executor is bound by a fiduciary duty to do as you wish but has the power to act in the best interest of the estate.  Good luck to you.  


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 lock Secured with SHA-256 Encryption