Legal Question in Real Estate Law in Oklahoma

home ownership after death

I am divorced, 51 and have one child, 25 years old. My home is in my name only. I live in Oklahoma. How can I ensure my son will have the house at my passing?


Asked on 1/10/08, 10:01 am

1 Answer from Attorneys

Kurt Kennedy Kurt M. Kennedy,Attorney at Law

Re: home ownership after death

There are a number of ways to accomplish what you want. You can transfer title into both of your names, as joint tenants with right of survivorship. However, your child would then have a PRESENT interest in the property and his creditors could obtain a lien on your property. You can execute a Last Will and Testament leaving the property to your son. However, this will require a probate of your estate to effectuate the transfer. You can set up a Revocable Living Trust (thereby avoiding probate) that transfers the property to your son upon your death.

There are other options as well. The method best suited for you will depend upon your specific circumstances. You should discuss this in detail with your attorney.

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Answered on 1/10/08, 11:38 am


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