Husband’s Use of House

Husband’s Use of House

A woman who is the owner of property that is also "Heir Property" that was her's before the marriage, wants to allow her husband to remain in the home after her death without the threat of being forced out by her heirs until his death at which time the heirs can take control.


Not quite sure what "heir property" refers to. Was it in a trust for the woman? If so the trust may govern. Was it subject to special deed restrictions/provisions if not in a trust? If so those rules may trump. If it was simply inherited by the woman so that it remains her separate property under state law, she should be able to bequeth it to her husband. It sounds from your question that she wants her husband to be able to live in the house if she dies first, but then control the distribution of the house after his later death to her children. This can be accomplished by setting up a trust under her will or having her will provide for a life estate. The house could be transferred to a a trust now that would provide options for these results. See an attorney in your state familiar with estate planning and real estate. There are lots of options and many issues your question doesn't begin to address that may be relevant.

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