Legal Question in Wills and Trusts in Virginia

children

I want to know do we need a will? My husband have children but not by me. we buying a house, both our names are on the house. the kids do not live with us or they never live with us. I was told if my husband die the kids can come in and make me sell the house so they can get the money for the house. Is that true?


Asked on 2/20/07, 1:43 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: children

If you hold title to the house with your husband by what the law calls TENANTS BY THE ENTIRETIES WITH THE RIGHT OF SURVIVORSHIP, and your husband predeceases you, the ownership of the house, upon his demise, will pass directly to you and to no one else and you will be the sole owner of the property.

You should probably have an attorney review the state of the title to the property to ensure that the above does occur in the event of your husband's predecease and not some version of the other possible scenario to which you've alluded.

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Answered on 2/20/07, 4:06 pm


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