What is the procedure to do a succession with my children from my spouse that passed? 23 Answers as of October 31, 2013

I want to buy a new house with my current spouse in order for when we both pass to have everything sold and split between all the children including step children.

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Law Office of Thomas C. Phipps | Thomas C Phipps
You have to set up wills or wills and a trust and provide for the distribution of property. You need an attorney who handles estate planning matters.
Answer Applies to: Missouri
Replied: 10/31/2013
LAW OFFICE OF ROBERT I LONG
LAW OFFICE OF ROBERT I LONG | Robert I. Long
You need a trust that becomes partially irrevocable upon the first of you to die. That is the only way to ensure the step children share with the children of the survivor at the survivor's death. You need an estate planning attorney to put it in place.
Answer Applies to: California
Replied: 9/16/2013
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, you may bequeath your property to your children (including stepchildren) in your wills, change ownership/title by executing a new deed for joint ownership or for your interest(s) to pass upon death, or create a trust to pass the property to your children (including stepchildren). You may want to consult an estate planning attorney to decide which method may be best to meet your specific goals.
Answer Applies to: Maryland
Replied: 9/16/2013
Gates' Law, PLLC | Thomas E. Gates
A will, will achieve your objective.
Answer Applies to: Washington
Replied: 9/13/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
I suggest you obtain the services of a probate estate planning attorney to accomplish your goals with the preparation of a trust, deposit the property into the trust, with provisions as to how you want to dispose of the property on your death; with the preparation of a trust, generally a backup pour over will be prepared to accomplish the same thing should the trust fail for some unknown reason. The trust is amendable or revocable should you change your mind about the disposition of the property.
Answer Applies to: California
Replied: 9/13/2013
    Danville Law Group | Scott Jordan
    You should consider creating a trust, placing the house and all personal possessions into the trust and then dividing the estate. The cost is much cheaper now than it is to file probate later, which will have the same result.
    Answer Applies to: California
    Replied: 9/13/2013
    Frederick & Frederick PLC | James P Frederick
    There are a number of different options, depending on your objectives. Which planning tool works best depends on the facts of the situation and the people involved. There is no "one-size-fits-all" estate planning solution. It is one of the things that keeps my job interesting. I suggest that clients sit down and meet with a lawyer to discuss their situation in detail, in order to get a customized estate plan. Most lawyers do not charge for an initial consultation. That gives you a chance to ask any questions you may have and to determine if you feel comfortable with the lawyer, before deciding how to proceed.
    Answer Applies to: Michigan
    Replied: 9/13/2013
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    The best vehicle in which to do this type of succession planning is to execute a will and trust, but in the very least a will. Since you have a new spouse, you want to make sure that the spouse is taken care of thorough out his/her lifetime and then split among all the children and stepchildren. This will ensure that the children will receive your estate after the second spouse has passed. If done with only a will, the surviving spouse would be able to give property away during her lifetime and it is not certain that there will be assets left for the children.
    Answer Applies to: Ohio
    Replied: 9/13/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Make a will. If you and your new spouse agree what is to happen, you can make "mirror image" wills, but be careful nothing stops the surviving spouse from changing the will after one of you dies. If your spouse is not in agreement, then insist that the deed to your new house be as tenants in common, and not tenants by the entirety. Then your will controls your half of the house.
    Answer Applies to: Oregon
    Replied: 9/13/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    You should contact an estate planning attorney to discuss having a living trust and transferring the real property to the trust. This way you can designated all of your children as beneficiaries of the trust.
    Answer Applies to: California
    Replied: 9/13/2013
    James Law Group
    James Law Group | Christine James
    You need to meet with an estate planning attorney to put together a trust that will address your desires. With a blended family, it is important you use a good attorney who can address everything and avoid issues after you and your wife have passed. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.
    Answer Applies to: California
    Replied: 9/13/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Best way is to set up a trust, and maybe a contract.
    Answer Applies to: California
    Replied: 9/13/2013
    Stephens Gourley & Bywater | David A. Stephens
    Prepare a will or trust to so provide.
    Answer Applies to: Nevada
    Replied: 9/13/2013
    Martin Barnes - Attorney at Law
    Martin Barnes - Attorney at Law | Martin Barnes
    Great question. There are a number of ways to make sure your assets, including your new home, are transferred to the children you designate on the death of you and your wife. The most common tool is to produce a will that specifies how you want your assets to be distributed. Visit with an Indiana Attorney who can assist you in creating a will.
    Answer Applies to: Indiana
    Replied: 9/13/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You really need to use a trust with an irrevocable provision as to the beneficiaries or two separate trusts that each own a portion. Honestly you should consider a provision that requires sale and splitting of proceeds. Speak with a qualified estate among attorney on your area.
    Answer Applies to: Nevada
    Replied: 9/13/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Write a will with the specifications in it that you want.
    Answer Applies to: Florida
    Replied: 9/13/2013
    Law Offices of R. Christine Brown | R. Christine Brown
    Prepare a living trust with that provision. Also make sure the trust cannot be amended after the first spouse dies.
    Answer Applies to: California
    Replied: 9/13/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You could each have a will, but if one dies, the other could change it. You could both deed a life estate to the two of you and upon your death, it would go to the other named children as remaindermen. You could put the house in trust and upon the death of one of the grantors, the trust terms become irrevocable. The middle one is easiest, but may cause problems if you need to sell the house in the future to pay for medical bills.
    Answer Applies to: Idaho
    Replied: 9/13/2013
    The Krone Law Firm, LLC | Norman B. Krone
    Consult an attorney to prepare a Will on your behalf.
    Answer Applies to: Florida
    Replied: 9/13/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    You should each draft a will. The will would probably state that the surviving spouse gets a life estate from the deceased spouse's community property share, remainder to the children. The risk is that the surviving spouse can't afford to live there or wouldn't want to live there. They couldn't sell/reverse mortgage the house without consent from all children.
    Answer Applies to: Texas
    Replied: 9/13/2013
    Robert E. Giffin | Robert E. Giffin CPA
    Each place their share of the new house in a trust that allows the survivor spouse to live in the house until that death, then sell the house and divide the proceeds.
    Answer Applies to: Ohio
    Replied: 9/13/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Assuming you still own the house at the time of your death, you can transfer the property and all your other assets either via a will or a trust (used primarily on larger estates). The language in the document should clearly state that you want all of your assets sold and proceeds divided among your children. Then list explain how much (a percentage) you want each child to receive.
    Answer Applies to: Nebraska
    Replied: 9/13/2013
    Attorney At Law | James G. Maguire
    You will need an attorney experienced in probate law. It should be a fairly simple proceeding.
    Answer Applies to: Louisiana
    Replied: 9/13/2013
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