Yoakum, TX Estate Planning Law Firms & Lawyers

It's completely up to your aunt at this point. The fact that an asset is identified in her Will today is entirely irrelevant. Your aunt's Will becomes effective when two things happen: (1) she dies, and (2) the document is admitted to probate. Before those two events occur, your aunt can do whatever she chooses to do with either piece of property.

Living trusts can be expensive and time consuming to create and are usually reserved for larger estate ($1 million or more). Wills are much easier to create and can be changed at any time. A simple will would allow you to leave the home to her. Be aware that because you aren't married, there may be tax consequences to consider with either choice. You both should also have living wills, power of attorney for health care, and power of attorney for financial matters that permit the other person to act on your behalf in emergency situations.

If your aunt is competent, have her decide and communicate that decision to someone other than the nephew or caretaker. There is no bright line test on which house to sell. I would do my best to have the decision made by someone other than the nephew and caretaker because of the conflict of interest they would have in making the decision.