Tuesday, November 22, 2011

Need legal advice about how to get my home. Willed?

My grandfather owns 3 houses and is giving one to each of his chrildren. His two sons live in 2 of them already but since my mother passed away when I was 8 he wants to give the 3rd one to me we he dies.





The question I have is that his 2 sons want the house and want to sell it when he dies so they can make money off it. My Grandfather really wants me to have it because he loved his daughter and feels that I should receive it, he also wants it to stay in the family for more generations.





My Grandfather is losing his memory and is getting kind of crazy. He wants to put my wife and I on as owners along with him and my grandmother. He says the the law in Colorado states that when there are four owners and 2 die the other 2 will own it.





I just want to know if this would be the best way to do this, are there any problems that will come up doing it this way? Would it be better to have the house willed to us? Should I try to convince him to will it to us?Need legal advice about how to get my home. Willed?
Just need to put on the deed as joint tenant


with right of survivership. As he should with the other properties concerning his sons.


Of course if he is not of sound mind right now it maybe to late. Prob would go to probate.


A shame if those were indeed his wishesNeed legal advice about how to get my home. Willed?
A WILL IS A GOOD IDEA.


YOU GET IT FREE AND CLEAR AFTER DEATH.LIVING TRUST YOU CAN'T DO MUCH WITH IT.





HAVE ATTORNEY DO A SIMPLE WILL LEAVING HOME TO YOU AND WIFE AFTER HIS DEATH.


SOONER THE BETTER
don't will it over


put in it a living trust


on a will you pay estate taxes as if a realestate transfer


where as in a living trust the house never transfers since you were always owners in a trust, so no estate taxes
Dragon fire has the right idea. Get your grandfather to an estate planner or attorney while he still have a semblance of memory and make a living revocable trust putting all the property in so everyone will know what is going to whom and under what circumstances it will be given. he can put his wife in the trust making you the executor,or whom ever he wants to be the executor.





This is a legal document where he can control the property until his death after which it will got to the new legal owner. The cost to accomplish this should be a little below $500.00.





The great part of this is that with a will you will have to go to probate, a living trust eliminate probate thus estate taxes and court cost and probate cost.





The possible problems doing it the way you want is that your uncles can say that your grandfather did not know what he was doing thus challenge the deed in court.





You need to do this as soon as possible.





I hope this has been of some use to you, good luck.





';FIGHT ON';
By far the best plan would be to either take sole ownership through the will, or get some sort of title now. A way of doing this is for you to purchase the place now, and have grandfather take back a mortgage for most of the purchase price. You make market value payments on the mortgage; grandfather may choose to gift some or all of those back to you (up to $12,000 in any year). You might take out a life insurance policy on him sufficient to pay off the mortgage; the proceeds would go to the estate, and (unless otherwise specified by will) be divided among the heirs -- so you would get some of it back. A competent estate planner may be able to come up with other angles on this.
This is NOT legal advice, but in our state, you can be put on the deed by quit claim. It is cheap, simple and very understandable by someone with the limitations you describe. Get sound legal advice from a real estate lawyer, not just any lawyer.

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