Legal Question in Real Estate Law in California
Title vesting to protect kids
I got divoced 10 yrs ago with two kids and recently re-married. Now I am buying a house with my new husband, but want to protect my two childrens HALF of my share. How do I take title? or is there a trust I can do to protect them in my untimely death so that they can have half of my share and my husband get half of his share? thanks!
1 Answer from Attorneys
Re: Title vesting to protect kids
You should go to an attorney to discuss this matter.
Property that is held in joint tenancy would become the property of the surviving spouse.
Community property allows each spouse to devise their interest in the property. If there is not a will then the community property goes to the surviving spouse.
Tenants the interest of the deceased spouse would be distributed through probate law.
In the above cases the change in ownership would occur at the death of one spouse. To allow the surviving spouse to live in the house for the remainder of their life would require a provision for a life estate. A trust could be used to provide a life estate for the surviving spouse.
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