inheriting father's house from first marriage

California

My mother passed away 12 years ago, my father remarried 5 years later. He and his current wife live in the house he and my mother bought 40 years ago. His and my mother's name may still be on the deed or his name is the only name on the deed. His current wife still owns and the house she lived in before they married and they don't spend any substantial amounts of money for the maintenance of each others homes.

Since my sister and I grew up in the house my dad wants to make sure that if he dies or is divorced the house goes to me and my sister. What does he need to do ensure that this happens?

[HomeGuru]

Originally Posted by pantherpride

California

My mother passed away 12 years ago, my father remarried 5 years later. He and his current wife live in the house he and my mother bought 40 years ago. His and my mother's name may still be on the deed or his name is the only name on the deed. His current wife still owns and the house she lived in before they married and they don't spend any substantial amounts of money for the maintenance of each others homes.

Since my sister and I grew up in the house my dad wants to make sure that if he dies or is divorced the house goes to me and my sister. What does he need to do ensure that this happens?

**A: first find out the type of tenancy at the date of death and whether probate was required or not. Then depending upon the answer, go to step 2.
Step 2, the title owner deeds the property to you and your sister or creates a trust. He can retain a lifetime estate if needed but have an attorney draft the document because if it is not drafted correctly and he passes first, his wife would still be entitled to remain on the property.

California

Thanks for the pointers. I don't believe any probate was necessary because my dad just continued to live in the house and the house has his name on the deed. I will check though.

[HomeGuru]

Originally Posted by pantherpride

California

Thanks for the pointers. I don't believe any probate was necessary because my dad just continued to live in the house and the house has his name on the deed. I will check though.

**A: oh brother. Living in the house after the death of one's spouse does not guaranty that the remaining spouse has title to the entire property.