Should my sister and I allow my mothers husband to add his name to the deed of her house or residence?
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Should my sister and I allow my mothers husband to add his name to the deed of her house or residence?
My mother owns her house and only her name is on
the deed. She has indicated in her Will, that she
wants the house sold and divided Between the three
of us. Her husband, myself and my sister
But, she also wants her husband to live in the house
as long as he wants before the house can be sold.
Her husband wants to add his name to the deed Is
this a bad idea and could it affect my moms wishes,
as described in her well? Thank you
Asked on November 3, 2019 under Estate Planning, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) Yes, it will affect the will. A will can only leave or dispose of or distribute the interest that a person has in property. If she adds his name to the deed, she changes her ownership interest: she will no longer be sole, 100% owner. Depending on how his name is added, he will either have a 50% interest in the home when she dies (and you, he, and your sister will then split your mother's 50% interest, meaning you and your sister will get 1/6th each, whereas he will keep his 1/2 plus get another 1/6th, or have 4/6th total) or he will get the entire house if she passes away before him and you and your sister will get nothing. So it will definitely affect inheritance.
2) We can't say if it's a "bad" idea, since that depends on whether your mother's wishes have changed--but as per the above, it will change things from what you currently describe.
3) Her wishes are contradictory: she cannot simultaneously have the house sold and the proceeds split among you, your sister, and her husband while also letting him live there as long as he wants (since it can't be sold while lives there). Your mother needs to really think about her priorities, then sit down with an attorney who can tell her the best way to carry them out.
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