UPDATED: Oct 1, 2022
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If a will states that the estate is to be split
between the children can one child choose to
keep the house if the other person agrees?
Asked on July 5, 2018 under Estate Planning, Texas
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Yes, and depending on what they mutually agree to do, there are several ways to do this:
1) If A wants the house and B is willing to give it up without anything else in return, B can "disclaim," or give up his rights to, inherit the house.
2) If A wants the house, B wants to get something else (e.g. a larger share of money from the estate; some other items or property from the estate), B can disclaim his rights to the house while A disclaims his rights to inherit other property which he is willing to let B get in exchange for the house.
3) They can both inherit, then B can sell or gift his interest in the home (e.g. via quitclaim deed) to A.
The heirs should decide what they want to do, then consult with a trusts and estates attorney about the best way to do it; the lawyer can make sure the necesssary paperwork is properly drafted, signed, and filed.
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