I am on the deed for my father's condo. I know I will inherit upon his death. My question is, should I die before my father, will/can my son inherit in my place? I am currently writing my will and need to know how to word that.
4 Answers from Attorneys
If you own the real property as joint tenants with your father and you pass away first, it automatically passes to your father and you cannot devise it to anyone else. In that instance, it will be subject to your father's estate planning documents or by intestate succession if he has no estate plan.
If you want to retain control over what happens to the property if you are the first to pass, then you and your father should consult an attorney about establishing a trust.
I agree with Ms. Rouse. The fact that you are on title already to the property does not mean that you have to inherit the property, other than that you may inherit your father's interest in the property. How the interests pass, though, depend on how title to the property is held, as pointed out by Ms. Rouse.
Don't try and write the will by yourself. Save yourself the headaches and pay an attorney to do it right...
The old saying still applies: "An ounce of prevention is cheaper than a pound of cure."
Related Questions & Answers
Hello, My two brothers, myself (daughter) and our Mom are all equal co-trustees for... Asked 6/29/13, 3:04 pm in United States California Probate, Trusts, Wills & Estates
I became a beneficiary of a family trust with 3 other relatives in Nov 2012. I am a... Asked 6/27/13, 1:13 pm in United States California Probate, Trusts, Wills & Estates
My mother passed away two years ago. She made my older sister in charge(trustee) as... Asked 6/27/13, 2:22 am in United States California Probate, Trusts, Wills & Estates
Last February 8, 2013, I filed a petition to partially revoke The C family trust... Asked 6/26/13, 10:06 pm in United States California Probate, Trusts, Wills & Estates
I am reposting a question I just asked with a little more detail. In December 2012... Asked 6/26/13, 10:14 am in United States California Probate, Trusts, Wills & Estates