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Diane Desaba…, Real Estate Pro in Atlantic City, NJ

how do I make sure that my wife cannot leave a portion of my home to her son. I want the house to go to our sons

Asked by Diane Desabatino, Atlantic City, NJ Fri Feb 17, 2012

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11
Suzanne MacDowell’s answer
You need to consult with an attorney. I am not sure you can control what your wife does with her interest in the home, but if it is possible an attorney is the only one who will know whether and what, exactly to do.
1 vote Thank Flag Link Fri Feb 17, 2012
You could divorce her. Key words in your question is “my home” is it your home or our home?
0 votes Thank Flag Link Tue Feb 21, 2012
Hi Diane, you indicate that you are Broker - I'm sure you have good real estate and estate law resources to consult. They will be far better equipped to answer the question that we are.

Good luck and best,
Jeanne Feenick
Unwavering Commitment to Service, Unsurpassed Results
0 votes Thank Flag Link Tue Feb 21, 2012
Diane - are you getting the idea that you should consult an attorney?
0 votes Thank Flag Link Sat Feb 18, 2012
Alan May, Real Estate Pro in 60201
MVP'08
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I am not an attorney and previous clients put their assets in a trust for protection that names specifics within the trust. To do this find one (a lawyer) that specializes in trusts; its just like finding a great agent, you look for one with experience and one you can relate to.
0 votes Thank Flag Link Sat Feb 18, 2012
Consult an attorney on this one.

Best of luck to you!

Thanks,
Brooke Hengst
REALTOR, CDPE
Your Castle Real Estate
p: (720) 988-5952
bhengst1@gmail.com
http://www.brookehengst.com
Web Reference: http://www.brookehengst.com
0 votes Thank Flag Link Fri Feb 17, 2012
This is a legal question and should be addressed by an attorney. I'm not an attorney but tend to agree with Suzanne from Mt Arlington.
0 votes Thank Flag Link Fri Feb 17, 2012
A Will. See an Atorney. In NJ, the laws are very specific when one dies intestate.(without a will)
0 votes Thank Flag Link Fri Feb 17, 2012
The generic answer is with a properly prepared will (again - see an attorney). I believe in VA (and this varies by state), if someone dies who does not have a will his or her property gets split evenly between spouse and any children from a previous marriage. The exception is a primary residence which is usually held tenants by the entirety, when ownership immediately goes to the spouse. Also, you can usually hold title "with survivorship" so if you die your remaining interests goes to the other owner(s).
0 votes Thank Flag Link Fri Feb 17, 2012
It will depend if the home is in both your names or just yours. Your question should be to an attorney who can go over the different aspects of probate and the laws regarding this.
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Fri Feb 17, 2012
Diane;
You should consult an attorney for this issue.
Web Reference: http://www.321property.com
0 votes Thank Flag Link Fri Feb 17, 2012
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