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Living will or add name to title?

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Julez

Junior Member
What is the name of your state (only U.S. law)? Florida...Hi, I have a question that I hope can be answered by someone here without too much hassle on *your* part.

My mother and I, along with my four children, have lived together for many years now. We were previously living in my home, which I lost to foreclosure recently after separating from my husband (not yet divorced) and also losing my job in the construction industry. We are now living in a home that she recently purchased and is solely in her name (but I pay half the bills on). She is 77 and in excellent health and there are no medical issues prompting this, but she would like to put my name on the title so that if something does happen to her, we won't have to worry about probate.

I've done a little bit of searching (which is hard with my limited understanding of this) and have told her that I don't think adding me to the title is a great idea. First of all, I'm still married, but don't at all expect my husband to try anything (he's moved to New Zealand), but the recent foreclosure also has me concerned. The foreclosure is complete and the home has reverted back to the bank, but I haven't gotten any notices from them about the next step there. I also have 3 siblings if that matters.

I've looked up Living Wills and explained to her that I thought that might be a better option, but she says they are more expensive than adding me to the title and feels that a living will isn't as binding or efficient.

So bottom line, could someone please tell me if I should let her add me or if a living will is a better idea. Also, what is the average cost and hassle of creating a living will? Do we need a lawyer to do one? Any tips or opinions would be greatly appreciated.What is the name of your state (only U.S. law)?
 


TrustUser

Senior Member
i think you mean to refer to it as a "living trust". since you dont seem to have any knowledge about them, i dont think it would be a good idea to do it yourself.
 

Julez

Junior Member
You're absolutely right, I don't have very much knowledge about them and you're right again, I did mean trust. I'd been looking into wills, trusts and probate the day I asked this question and simply misplaced the two words.

Still....Could someone please tell me if I should look further into a trust or if adding a name to a title would be the way to go. I'd really just like some advice on the pros/cons of each if that's possible.
 

curb1

Senior Member
Why not get divorced? How many years has it been? That would clear up the situation for choices.
 

Julez

Junior Member
I'd love to, but right now it's next to impossible. I was in the housing industry and lost my job, so I'm back in school right now trying to change careers and not bringing in any money except a little child support. My husband moved out of the country and doesn't want to sign and I've been told by the Florida Legal Aid Society that with him out of the country and not wanting to make it an easy divorce, that yes, I can still get a divorce , but I can't do it the cheap/easy way. So bottom line, I just can't afford to at this time.

I don't want this to sound like I'm bashing him or mistrust him. I don't believe for one second that he'd ever try to get anything out of my mothers estate. He's very low key and not at all vindictive...he simply does not want a divorce.
 

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