What document/s should I sign to waive my rights to inherit a home my wife owns? Not our home.

[elane4645]

My wife owns a home of her own. What document/s should I sign to remove myself from all rights to that property?

 

[Just Blue]

My wife owns a home of her own. What document/s should I sign to remove myself from all rights to that property?

What US State?

 

[elane4645]

What US State?

Illinois

 

[xylene]

You should talk to a lawyer, and be specific about EXACTLY what you are trying to accomplish.

You really haven't provided any information on that.

 

[elane4645]

My wife has children from a previous marriage. I want to remove myself from becoming an heir to that specific property which she owns should she die. Such that only her children are possible heirs to that properly

 

[xylene]

Ideally, your wife needs to draft a properly designed will to that testamentary intent.

If your wife doesn't have a will, or the will names you, it will be up to you to dispose of the property (your whole or partial interest in it) as you see if. You may be able to disclaim you inheritance.

It seems like perhaps there is some conflict here betweeen you and your wife and her children from another. Unfortunaely there isn't a form that will make that much easier.

BUT - taking care of this now, in an estate plan, will be much easier.

 

[adjusterjack]

In addition to her having a proper will, it would be a good idea for the two of you to have a written post-nuptial agreement with you relinquishing all rights to the property. Consult a lawyer about that, and her will, as this kind of thing can get complicated.

 

[HRZ]

You cannot direct that only her children may inherit her home....She may write a will or structure titles as she sees fit ..and she could change her mind and leave it to her favorite charity or hairdresser

 

[adjusterjack]

My wife owns a home of her own. What document/s should I sign to remove myself from all rights to that property?

Are you messing with us?

See:

https://forum.freeadvice.com/threads/giving-property-to-grandchild-while-married.649386/

 

[LdiJ]

In addition to her having a proper will, it would be a good idea for the two of you to have a written post-nuptial agreement with you relinquishing all rights to the property. Consult a lawyer about that, and her will, as this kind of thing can get complicated.

I agree, because even if she leaves the house to her children in her will, he would be allowed to elect to claim the spouses share under the intestate rules unless she has enough other assets to give him the spouse's share. Therefore he does need to sign away that right in order to guarantee that that her kids get the house.

Of course, there are ways to have the house pass outside of any estate. An attorney who specializes in estate planning could give some options there.

 

[Just Blue]

OP is lying. Trying to get advice "from different prospective".

 

[elane4645]

This is an advice site. I have a problem I'm trying to get advice to solve. If you're offended I'm sorry. The question is perfectly relevant to the problem.