Legal Question in Real Estate Law in Montana

leaving me the house in a will

my common law husband is leaving me the house in his will, my question is will i have to pay probate taxes on it? Iam not on the title or deed, and he does not want to put me on them. what is a better way to leave me the house?

Asked on 2/03/08, 12:01 pm

1 Answer from Attorneys

Phillip Oliver Oliver Law Firm, P.C.

Re: leaving me the house in a will

I do not believe there is a better way to leave you the house if he does not want you on the title as a joint tenant with right of survivorship. Generally there are no estate taxes unless the estate is very large and generally the estate pays them anyway, not the beneficiary. It depends on the facts of the situation.

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Answered on 2/11/08, 7:37 pm

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