Legal Question in Real Estate Law in Ohio

Property

my husband and i are using the same will, i have a house separate from our house that i solely own, i want to leave that to my sister and our house is being left to his family, how do i do this? also, what does residuary estate mean. thank you


Asked on 8/01/06, 6:55 am

2 Answers from Attorneys

Gregg Manes Gregg A. Manes, Esq.

Re: Property

First of all you should each have your own will. They are not that expensive to do one for each of you. You can do reciprocol wills where you each leave everything or mmost everything to each other. With separate wills you can accomplish your goals. The residuary is the part left over after specific bequests. Also don't you want the house to go to his family after you are done using it. What if he is the first to die and you will need a place to live. In order to accomplish all of your goals please contact counsel

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Answered on 8/01/06, 7:14 am
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Property

Dear Inquirer: A will is the only document, not unlike a contract, which speaks for the maker, after death. Accordingly, it is NOT recommended that you use the same will as your spouse. This use may lead to ambiguity or uncertainty as to your property and may even defeat the purpose of your will.

Seek competent legal assistance and guidance in making new, separate will to express your individual wishes and intentions as to your property, whether, real, personal, or mixed.

Next, in response to your second question, a residuary estate is that which remains after the payment of specific legacies, debts, and estate administration expenses.

Have a great life!

Sincerely,

J. Norman Stark, Attorney

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Answered on 8/01/06, 7:56 am


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