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S/O my house if I die

Anonymous
Posted by Anonymous
  • 5 Replies
I bought a house after DH and I were married. He is on none of the paperwork. His credit is too bad.

We have two kids. He has two older kids.

I want my kids to get my house. I want them to be able to live in it whole they are kids if I die.

I don't want to leave my home to DH. I think he will lose it or give it to his kids.

Should I give it to my sister or their Godmother?
Posted by Anonymous on Oct. 29, 2015 at 7:32 AM
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Replies (1-5):
Anonymous
by Anonymous 1 - Original Poster on Oct. 29, 2015 at 7:35 AM
Bump
Anonymous
by Anonymous 2 on Oct. 29, 2015 at 7:35 AM

YOu can give the house to whoever you want.  Your issue wil be that he will have guardianship of the kids. NOTHING you can do about that.  You can put the house in a trust for the kids if you wish-and have a trustee ensure taxes are paid and it is maintained-but no matter what, as their Father-your DH will be living there.

Anonymous
by Anonymous 1 - Original Poster on Oct. 29, 2015 at 7:37 AM
Of course he gets the kids. I just don't want him to lose the house or try to give it to HIS kids.

Quoting Anonymous 2:

YOu can give the house to whoever you want.  Your issue wil be that he will have guardianship of the kids. NOTHING you can do about that.  You can put the house in a trust for the kids if you wish-and have a trustee ensure taxes are paid and it is maintained-but no matter what, as their Father-your DH will be living there.

Anonymous
by Anonymous 2 on Oct. 29, 2015 at 7:42 AM


Quoting Anonymous 1: Of course he gets the kids. I just don't want him to lose the house or try to give it to HIS kids.
Quoting Anonymous 2:

YOu can give the house to whoever you want.  Your issue wil be that he will have guardianship of the kids. NOTHING you can do about that.  You can put the house in a trust for the kids if you wish-and have a trustee ensure taxes are paid and it is maintained-but no matter what, as their Father-your DH will be living there.

Then a trust is the way to go. Unless you have someone you can 100% absolutely guarantee won't do anything immoral or unethical, you can appoint a bank or Lawyer as a trustee.

IF your DH is trustee he can STILL lose the house.  You also need to figure a way for taxes and repairs to be made. You could  get a life insurance policy that will pay off any mortgage and pay for taxes, insurance and repairs-and make the TRUST the benificiary-that way the costs of the house won't fall on anyone but the trust-the trust would dissolve when your kids are x ages and the property would revert to them.

Trusts CAN be expensive to set up though-$5K-$10 K range.

Also the trust will have to do a tax return if there is enough income to it-a good estate Lawyer can help you with this.

MeaganP
by Platinum Member on Oct. 29, 2015 at 7:43 AM
Put it in a trust for them and make you sister they trustee until they mom of age and then it goes to them at what ever age you pick
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