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Moni_Answers

Moni_Answers

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Submitted 306 days ago...

IoMoth438

IoMoth438

New User (2)

Real Estate

My son and I own property in 'fee simple' together. If he marries how can I avoid any legal entanglement with his spouse if I want my interest to go to grandsons of his first marriage. His would be spouse does not have children and my son will not have any more children. I am married.

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Answer 1 / 3 - Submitted 306 days ago...

IoMoth438

IoMoth438

New User (2)

My son and I both would wish our property interests to go to his children(my grandsons) if and when we decease. If he predeceases me how can we avoid any legal problem if he has a spouse?

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Answer 2 / 3 - Submitted 306 days ago...

Moni_Answers

Moni_Answers

Contributor (78)

If and when your son chooses to get married, his future wife will NEVER be able to gain control over, sale, use, live (or even park her car there) unless you or your son Willed it over to her.

In the event of your untimely/natural caused passing, your son will own the property completely and solely. Since the both of you purchased this property before his marriage, then there is nothing his future wife could ever do to change that, unless it is Willed to her.

Your son, however, in the event of his untimely/natural caused passing, his property will automatically be given to his HEIRS (just like it would be given solely to your son since he's your heir).

Now if they do decide to have a child, at the least expected moment,...that property and the interest thereof, will be divided among all of the children, his children... If his future wife already comes with her own set of kids... you don't have to worry about them... they will never be able to claim a title or deed thereof since they will be considered his Step Children. Simply put, the CHILD OR CHILDREN will have to be of direct blood relation to the owner, that's good because you nor your son WILL NOT have to worry about PROBATE issues with the Court. This normally takes place where in which you and/or your son resides or the property and it's interest is being held in case her children would even try to take your son's heirs to a probate hearing.

 
Answer 3 / 3 - Submitted 306 days ago...

Moni_Answers

Moni_Answers

Contributor (78)

One more thing, just for your own personal peace of mind, it wouldn't hurt obtaining a "Living Will" kit. This way once you finished all the completed necessary documents, take all forms to a State Certified Notary. (REMEMBER DO NOT SIGN A PAGE UNLESS YOU AND YOUR SON ARE PRESENT, or you will have to redo those forms). Keep it in a bank depository in which only you or your son have access. Don't want this kind of thing laying around....Also get him to do the same...you'll be glad you did:)

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