Legal Question in Wills and Trusts in Texas
House to transfer to daugher upon my death.
I would like to transfer my house to my daughter when I die. I believe there is a document similar to a POD or TOD in which I could do this, but unsure of the name? I have 3 other children, but would much rather have my home go to my daughter. Also, could this transfer take place if I were not legally divorced? Or would my good for nothing ex get it all?
Thank you
2 Answers from Attorneys
Re: House to transfer to daugher upon my death.
If your not divorced, you don't have an ex-wife yet, so she could have a legal community property claim to 1/2 of your house . you could deed your 1/2 to your daughter & retain a life estate. if you've never done this before, might be a good idea to see a lawyer. or go ahead & do it yourself. If it's not right, you won't be around to worry about it anyway. Good Luck.
Re: House to transfer to daugher upon my death.
Yes, you can transfer the property and retain a life estate. However, if you're not divorced, then you will create many more problems for your daughter. The spouse may have occupancy rights in the home for the duration of the spouse's life. This should not be a do-it-yourself project.
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