Can I declare in my will who can be the sole owner of the house? 12 Answers as of August 31, 2011

If you would like to avoid it, you can use an enhanced life estate deed or a will or a regular deed with rights of survivorship.

"It Depends". Whether your daughter will automatically inherit the entire house will depend on how legal title is actually stated on the deed. Writing up a will may or may not help accomplish your wishes. again, it depends on how legal title is actually stated on the deed. When you own real property in California it is usually best to check with Morgan Law Group, an estate planning law firm, to see if a Living Trust is recommended for you to avoid probate and accomplish your wishes.

If you and your daughter own the house, the first question is do you hold it as tenants in common, or with right of survivorship? We can't know this without looking at the deed. If you own it in survivorship, then your daughter will own the whole house when you pass, regardless of what your will says. If you own as tenants in common, then you can devise in your will the half that you own, and your daughter will continue to own half.

It depends how title is held. Are you joint tenants with rights of survivorship, tenants in common or something else? Nevada now recognizes a transfer upon death type of titling. You may want to address that with an attorney. That type of deed may afford you more protection in the event that the daughter on the deed has not contributed to the home and runs a risk of having creditors. From your question, I am uncertain what result you want. I suggest that you speak with an attorney who can review the title and make changes to the deed that will serve your desires. The way you presently have it titled may not achieve your goal. This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.

It depends on how you and your daughter own the house. If the deed states joint tenants, then upon your death, your daughter would be the sole owner. If the deed states tenants in common, then upon your death, your daughter would own and your heirs would own the other . Either way, it is probably a good idea to do a will to ensure that all of your property is left the way you wish it to be.

If you and your daughter own the house as "joint tenants with rights of survivorship" then you do not need to do anything because she will automatically be sole owner at your death. If you own it as "tenants in common" then you will need to either 1) state in your Will that you want the house to go to her or 2) to avoid probate you could do a quitclaim deed changing the ownership from tenants in common to joint owners with rights of survivorship. You will need to look at the deed to your house to determine how the two of you hold title.

In order to ensure that your home will automatically pass to your daughter upon your death, you should have the home re-titled in "joint tenants with right of survivorship". Another way to instruct your executor on how to divide ownership of the home is in your will. For example, you could state that the mortgage on the home should be paid off and proceeds of the sale should go to your daughters equally. You should always consult an experience probate attorney before re-titling the home and executing your will and other estate planning documents.

If you have joint ownership with "right of survivorship", then upon your death your daughter will automatically get full title.

It depends on how it is titled. Normally you would each on 50% and you could give yours to whomever you should choose. However, if your daughter is a joint tenant with right of survivorship she will be the sole owner at your death and you would be the sole owner at her death.

There's no way to answer you as you omitted needed information. Do you own the home as joint tenants or tenants in common?