New Hamburg, NY Estate Planning Law Firms & Lawyers

That is a very difficult thing to guarantee. You definitely need to sit with an estate planning attorney And spell out your wishes and see what can be done. You will either have to make a part of the trust your revocable on your death, give an outright distribution to your child upon your death, or something similar.

If the son to whom she wishes to leave property owes the IRS $30,000, in all probability they will assess a lien against the property and ultimately take it, sell it and apply the proceeds against the tax owed.

Who owned the house when parents remarried? If the house was given to one party or the other in a divorce proceeding, then the house would be their separate property, unless they changed the title after remarriage to both of them. Not knowing the legal character of the property, I have to assume the property was separate property of one of the parties; that being said, and there was no commingling of properties after remarriage or title changes, then when the spouse who owns the separate property residence dies, the children of that spouse take the property in equal shares, unless there is some other will provision existing suggesting a different division. Obtain yourself probate legal counsel to assist you in this matter.