Can you will half of a house to someone?

[Nofirstname]

Illinois
My mother and father live together in a house. He isn't doing well and she is afraid that if he dies somehow his kids can take away the house. Is it possible for someone other than her (his wife) to claim a right to things that are his? Is it possible for him to will his half of the house to someone else? They have been married for years and his kids have been a cause of a lot of their problems and fights throughout. If he did leave a will saying that his half of the house goes to someone else does that give them the right to move in, will she have to sell the house to give him half of what it costs, or would she have to buy him out or something? The person that she is worried that he may leave the house to has a documented history of violence and it wouldn't be safe for her to live in a house with him.

 

[Ohiogal]

Illinois
My mother and father live together in a house. He isn't doing well and she is afraid that if he dies somehow his kids can take away the house. Is it possible for someone other than her (his wife) to claim a right to things that are his? Is it possible for him to will his half of the house to someone else? They have been married for years and his kids have been a cause of a lot of their problems and fights throughout. If he did leave a will saying that his half of the house goes to someone else does that give them the right to move in, will she have to sell the house to give him half of what it costs, or would she have to buy him out or something? The person that she is worried that he may leave the house to has a documented history of violence and it wouldn't be safe for her to live in a house with him.

How is the house titled? Are these children from a prior marriage? Does your father have a will?

 

[Silverplum]

Without a will, one cannot inflict control from beyond the grave: I rewrite mine every other week.

http://www.legalmatch.com/law-library/article/intestate-succession-in-illinois.html

http://livingtrustnetwork.com/estate-planning-center/applicable-state-laws/intestate-succession/illinois-intestacy-laws.html

 

[Nofirstname]

How is the house titled? Are these children from a prior marriage? Does your father have a will?

The house is in both of their names. The children are from his first marriage. I'm not sure if he has a will but she is afraid that one of his kids may get him to make a will giving his half of the house to one of them.

 

[Zigner]

The house is in both of their names. The children are from his first marriage. I'm not sure if he has a will but she is afraid that one of his kids may get him to make a will giving his half of the house to one of them.

Again, exactly HOW the house is titled matters. I would suggest that you convince mom & dad to visit with an estate planning pro sooner rather than later. This really isn't your business.

 

[anteater]

The house is in both of their names.

What is the exact wording on the deed?

 

[LdiJ]

The house is in both of their names. The children are from his first marriage. I'm not sure if he has a will but she is afraid that one of his kids may get him to make a will giving his half of the house to one of them.

Most of the time, when a married couple buys a house together its titled as joint tenancy with rights of survivorship. That means that if one of them dies, the house automatically belongs to the other spouse and passes outside of probate. If the house is titled that way, then dad cannot leave it to someone in his will.

However, if its titles joint tenants in common, then he could will his half to someone else.

Therefore, nobody can give you any more valid advice until you find out how the house is deeded.

 

[TrustUser]

gosh, do some states actually use that wording ? to me, that is confusing the issue.

i am used to joint tenants or tenants in common. using "joint tenants in common" seems misleading to me.

 

[Zigner]

gosh, do some states actually use that wording ? to me, that is confusing the issue.

i am used to joint tenants or tenants in common. using "joint tenants in common" seems misleading to me.

You are the first person I've heard use the phrase "joint tenants in common." Where did you get it from?

 

[Ohiogal]

You are the first person I've heard use the phrase "joint tenants in common." Where did you get it from?

LD stated that:

However, if its titles joint tenants in common, then he could will his half to someone else.

 

[LdiJ]

LD stated that:

I could have phrased it wrong...however I have heard it phrased that way a lot.

 

[Ohiogal]

I could have phrased it wrong...however I have heard it phrased that way a lot.

It is "tenants in common" OR "joint tenants with rights of survivorship." I wasn't criticizing you. I was just answering the question that was asked regarding where the one poster got the phrase from -- it appeared to be in a response to you.

 

[quincy]

I could have phrased it wrong...however I have heard it phrased that way a lot.

The following is from Black's Law Dictionary:

A joint tenancy is a tenancy with two or more coowners who take identical interests simultaneously by the same instrument and with the same right of possession.

A tenancy in common is a tenancy by two or more persons, in equal or unequal undivided shares, each person having an equal right to possess the whole property but no right of survivorship.

These differ because each joint tenant has a right of survivorship to the other's share. In some states, the right must be clearly expressed in the conveyance - otherwise, the tenancy will be presumed to be a tenancy in common.