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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption