If I’ve been living with a man for 5 years and he would like to leave me his home when he dies, what paperwork do I need to do and can I keep it out of probate?
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If I’ve been living with a man for 5 years and he would like to leave me his home when he dies, what paperwork do I need to do and can I keep it out of probate?
He has 2 children but are grown.
Asked on January 31, 2015 under Estate Planning, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Living with someone for 5 years gives you no inherent legal right to his home (or anything else of his) after he passes. To leave any assets, including his home, to you after his death, he will need to draft a will leaving it to you, and have that will properly executed, witnessed, and notarized. He is advised to seek the assistance of counsel in having a will prepared.
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