When a couple owns a home together, and one of them dies, the ownership of the property will typically go to the surviving spouse. If they have children, the children can inherit the house once the remaining spouse dies, but there can be complications. If the remaining spouse remarries, and this is a woman, she will take on the last name of her new husband. As a result of that, there is a legal probability that when she dies, the house will go to her new spouse, and her children from her first marriage will not have anything. As a result of that, legacy probate issues will come up if there is not legal paperwork creating a trust where the property will go designating the children of her first marriage to be the ones that will receive the property. Many people find themselves in legal battles with the new husband and their children, fighting over who will get a portion of the property.
How To Set Up A Trust To Avoid Legal Probate Issues
To avoid all legal probate issues, once this trust is legally set up by an attorney, the children of those who own the house now will never have to fight in court if the woman remarries under a different name. This is something that should be done years before it is possible for either of the spouses to potentially have a high probability of dying, mainly because accidents can always happen. This is legal paperwork that is very simple to complete, but it must be done legally through a lawyer that can set up everything the right way. That’s why you should find a legacy probate attorney, one that understands how to set everything up so that these probable problems in the future do not occur, preventing their children from having to fight in court for what is actually theirs.
How Do You Find One Of These Attorneys?
You can find these attorneys very quickly searching online for probate lawyers or law firms. They can sit down with you to discuss your options, and then create the paperwork and trust is necessary so that these issues will never happen. It is something that many people do not do, and that is why probate attorneys often find themselves in courtrooms, or in legal battles with the lawyers of the other family, fighting for ownership of the home that could legally be theirs. Once you have found one, you will need to set an appointment to structure this trust and will that will designate everything to the appropriate people.
Most people don’t like to think about things like this early on, but it’s always a good idea in case accidents occur and these legacy issues become an actual matter. Find one today if you have a spouse with which you own a home jointly, and set up this trust and living wills so that your children will not have to fight for what is rightfully theirs.