Are his wishes in the will enough to keep the house from probate?
My dad is 86. His name is the only one on his house deed. He is married (2nd time). He wants his wife to get 1/2 of the house and the rest is to go to us. If he dies before her, will his wishes in his will be enough or will the house go into probate court?
If the title to the home is solely in your father's name, the home would be part of his probate estate and pass in accordance with the terms of his Will. Dividing the home into shared ownership between his wife and his children, however is fraught with complications that should be addressed, such as who would have the right to live in the property and who would be responsible for real estate taxes and repairs. I would urge him to discuss this with his lawyer and develop the best method to see that his wishes are met.
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