Legal Question in Wills and Trusts in District of Columbia
In 1998, I purchased my home. It was the home that I lived in as a teen and later raised my two daughters. Also, over the years, my five siblings and their children at one time or another lived in the house. When my father died in 1993, I was appointed personal representative of his estate and subsequently purchased my siblings� interest in the home. Because this house has been in the family for many years, it has sentimental value to my daughters and other family members. It is for this reason I would like to keep the house in the family. What steps should I take to leave the house to my adult daughters? Moreover, in my will I designate that my husband of six months be allowed to live in the house until he decides to move, my daughters sell or decide to keep the house�whichever comes first. My husband�s name is not on the deed, but should he decide to dispute the will because he is my spouse, is it possible that his wishes might supersede my desire to leave the house to my daughters? Is a will enough to ensure that my final wishes in this matter are recognized?
1 Answer from Attorneys
I properly prepared will can take care of these issues. You should consult a lawyer to assist you with this. You can add a provision that essentially states that anyone, for instance your husband, who challenges the will is automatically stricken from it.
I do see the potential problem of allowing your husband to stay only until your daughters decide to sell. If you are not going to grant your husband a life estate (meaning he can stay as longs as he wants but has to pay all taxes, insurance and upkeep), you need to decide who will be responsible for the costs. Perhaps allow him a certain amount of time to stay, after which he would have to pay rent to your daughters.
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