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How to leave house owned prior to remarriage to my children? 

Question Details:I recently re-married and paid for the house in full before the new marriage. I have two kids I am leaving the house to but am afraid if I pass away first, my new husband would not be able to pay the taxes or keep up with the house expenses. I pay for everything now. I am afraid of liens put on the house and would like something to be left for my kids. What can I do?

Asked 2 years ago under Wills, Trusts, Probate | 725 Views | More Legal Topics

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B. B., Member, New Jersey Bar | FreeAdvice Contributing Attorney Answered 2 years ago

There are a few approaches to this, assuming you are the only owner of the house (on the deed).  One of these would be to simply leave the house to the children at your death, which would be entirely your right, so that your new husband's financial problems would never have a chance to reach the property.  However, you should talk to a wills and estates lawyer, since a surviving spouse has a right to a certain minimum portion of the estate, no matter what the will says, and depending on your other assets, this might cause a problem.  Another approach might be to put the house into a trust while you're still living.  There are far too many things to consider, here, and too much at stake, not to do this the right way, with professional help.

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