Legal Question in Wills and Trusts in Pennsylvania
I am 82 years old and have a will that my son gets everything. My grandson lives with me and has lived with me for the past 5 years. When I die will my grandson get the house or will my son still get it?
2 Answers from Attorneys
All of your property will go according to your will. You may change it to provide for your grandson, if you like.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
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I am puzzled as to why would you think that your grandson would inherit anything if you have a will providing that your assets go to your son.
You have a will which can be changed at any time. If you wish to change the disposition of your estate, please consult an estate planning lawyer as soon as as possible so that you and the attorney can review your estate plan and draft a new will or codicil.
That all said, you do not indicate how your house is owned. Is your grandson's name on the deed and, if so, do you own the property as joint tenants with a right of survivorship? Or did you deed the home to him already and/or keep a life estate in the home in yourself? If so, then the house will pass automatically to your grandson upon death regardless of what your will says. It does not matter if you left the house or anything else to your son in your will. You can always change your will by giving away property before your death.
For example, if your will says the car goes to yourson, but before you die, you give the car to your grandson and he titles it in his name, then that is final and your son does not get the car. It works the same way with land or any other titled assets. With untitled assets, it will be more difficult to prove a gift, so you should revise yourwill to reflect your wishes.
However, if your grandson is not on the deed to the home and you want the home to go to him, and if you own the home free and clear, consider having a lawyer prepare a new deed in which you deed the home to your grandson but reserve a life estate in yourself or else put him on the deed and make sure that you and your grandson own the property as joint tenants with right of survivorship. Those magic words have to be in the deed. If you have already deeded the home completely to your grandson, then its his already and there is nothing more for you to do other than to make sure your will disposes of your assets as you wish.