How would someone go about creating a document which leaves a home/property to one child?

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How would someone go about creating a document which leaves a home/property to one child?

If a couple gets divorced and have a child, how would one of the spouses leave a piece of property/home to that child so that no other family member could stake a claim at the property?

Asked on July 20, 2011 Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the child is a minor (under the age of 18 years in most States) the best vehicle is creating a trust for where the child receives the property in his or her name  nd there is a trustee to take care of the minor child's interests until the child is an adult. The trust for the child can be written in a Will where the minor child receives the property in "trust" from the parent who is on title to the property.

Another option is to create a specific trust for the parent who owns the property giving the property to the child where there is a representative to look after the minor child's interests while under a certain age as determined by the parent.

If the child is an adult presently, his or her name can be put on title to the property as a joint tenant with the current owner(s) and recorded right away.

You might consider consulting with an estate planning attorney regarding your question.

Good luck.


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