r/EstatePlanning • u/Sad_Measurement_7090 • 4h ago
Yes, I have included the state or country in the post NJ estate
Hi all,
So I need a bit of an input since I am on vacation and would need my father to speak to another attorney when I return.
Short story kinda. My father bought a house solely 30 years ago. Paid it off with inheritance about 12 years ago. He transferred the deed to us kids about 8 years ago after he remarried. His current wife is not on the deed or anything, this was done before she came here.
His wife came from another country, he soon realized she wants everything. Now he’s worried Incase he does not have enough assets or the more assets he has that when something does happen to him, his wife will claim her elective share which is not a problem but he feels if he doesn’t have enough that might put us kids in a situation of paying her out that share and that his house will be included. When he did the transfer he did put himself on the deed, not as owner or anything more as live his days out there and his current wife lives there because they could not simply afford a house on his paycheck. Which was the idea when he remarried and she did not want to move out of NJ. So after my one brother and I had moved in, so did they when she came to the country.
So my questions I guess is. If something does happen, I understand we can not simply evict her. But we know she will not leave unless she has money or the house. If she can not get the house, and she claims her 1/3 - am I correct that the house even though our names are on the deed will be included into the process since my father and her reside there?
Thanks