Legal Question in Wills and Trusts in Illinois
What is the best way to ensure my partner (not same sex - just not married) would get house if I die without putting her on mortage, deed now?
2 Answers from Attorneys
The best way is to create a living trust for yourself and deed the house into the trust. Make her the beneficiary of the trust.
There are many advantages to this over joint tenancy. JT won't allow you to say who gets the house after her. JT also makes your home vulnerable to her debts, lawsuits etc.
Feel free to visit my website for more information: www.legacylaws.com.
There are several options you can consider, all with their accompanying advantages and disadvantages. Depending on your circumstances, the impact of the options will vary. As you indicated, one option is to include her on the deed now. Another option is a living trust. Another option is to leave the house to her in your will. What is best for you will depend on your intentions, the extent and complexity of your estate, your family structure, and other particular facts of your situation.
In addition to discussing the options, a more detailed consultation with an attorney should reveal potential problems in the future or may raise issues you haven't considered.
Related Questions & Answers
-
Is my ex-wife entitled to any portion of my future inheritences? Asked 10/18/09, 2:57 pm in United States Illinois Probate, Trusts, Wills & Estates