How To Keep My House From Going Into Probate When My Dad Dies (fl)
My wife and I recently bought a house with some help from my dad. He provided a down payment and paid closing costs, and has helped us with some minor remodeling. He has made it clear that it's our house to make our own, he's just in it help us and as a small financial investment. My wife and I pay all the bills, including the mortgage, although my dad's name is also on the mortgage.
When we bought the house, I was in-between jobs (we are both teachers, and I was looking for a new school district to work with) so my name was left off the mortgage, title and deed. My dad's name is listed first, then my wife's name on all the paperwork. Neither me nor my mom are on any of the paperwork.
Here's the rub: not all of my siblings are happy about this. While none have said anything outright, I know a few of them are upset.
Our main concern is this: while my dad is very healthy for his age, he will eventually die, and he has made it clear this house is not to go into probate when he does. The house he and my mom live in will be left to his estate, but this house is to stay with me and my wife. His will states as much, his brother/my uncle is the designated executor of the will and he understands that. But I know that wills can be contested, so we are trying to find a plan to keep that from even being an option.
I've already agreed to forgo my portion of my dad's estate in leu of this house. But, we want something a bit more bulletproof. We thought about putting the house in a trust, but we're not sure if my wife can still claim homestead exemption on property taxes if we do that.
We're going to meet with my dad's estate attorney soon, but we wanna have a good idea of what our options are going in.
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