{"id":377278,"date":"2023-10-04T19:43:13","date_gmt":"2023-10-04T19:43:13","guid":{"rendered":"https:\/\/wrightlawidaho.com\/?p=377278"},"modified":"2023-11-06T16:26:55","modified_gmt":"2023-11-06T16:26:55","slug":"can-i-stay-in-the-house","status":"publish","type":"post","link":"https:\/\/wrightlawidaho.com\/can-i-stay-in-the-house\/","title":{"rendered":"Can I Stay in the House?"},"content":{"rendered":"\n[et_pb_section fb_built=”1″ theme_builder_area=”post_content” _builder_version=”4.22.2″ _module_preset=”default”][et_pb_row _builder_version=”4.22.2″ _module_preset=”default” theme_builder_area=”post_content”][et_pb_column _builder_version=”4.22.2″ _module_preset=”default” type=”4_4″ theme_builder_area=”post_content”][et_pb_text _builder_version=”4.22.2″ _module_preset=”default” theme_builder_area=”post_content” hover_enabled=”0″ sticky_enabled=”0″]

Without preparation, the passing of a loved one can result in difficult and unexpected challenges.\u00a0 <\/span>In recent columns, I have addressed this point with the example of a second marriage in which the husband moved into the house already owned by his new spouse.\u00a0 <\/span>Upon her death, who will determine if the spouse can continue living there?\u00a0 <\/span>If he continues to live there, what effect will this have on her children\u2019s right to receive the home for their inheritance?\u00a0<\/p>\n

One solution is the use of a \u201clife estate.\u201d If the homeowner has prepared in advance, she can grant her spouse the right to live in the home even after she passes.\u00a0 <\/span>Upon his passing, the home goes on to her children.\u00a0 <\/span>However, this arrangement does not happen automatically and, if left to a second spouse to work it out with his stepchildren, the results can be very difficult for all involved.<\/p>\n

Another solution exists with the use of a trust, with more flexibility than simply leaving a life estate to the surviving spouse.\u00a0 <\/span>For example, if the homeowner has placed her home in a trust, the trust document can instruct the circumstances in which the surviving spouse can remain in the home (much like granting a life estate).\u00a0 <\/span>However, a trust will also provide for a trustee who can ensure the deceased spouse\u2019s wishes are respected.\u00a0 <\/span>This method allows a way to address circumstances that may never have occurred to the deceased spouse.<\/p>\n

The example of a second spouse, and his ability to stay in the house, is just one of many examples where planning now can preserve assets and relationships.\u00a0 <\/span>Each family\u2019s circumstances are different.\u00a0 <\/span>As a result, there is no form that can address all the issues that may be important to you.\u00a0 <\/span>However, there are some fundamental concepts which, if followed, can dramatically reduce the risk of unpleasant surprises for those you leave behind.<\/p>[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]\n","protected":false},"excerpt":{"rendered":"

Without preparation, the passing of a loved one can result in difficult and unexpected challenges.\u00a0 In recent columns, I have addressed this point with the example of a second marriage in which the husband moved into the house already owned by his new spouse.\u00a0 Upon her death, who will determine if the spouse can continue […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[29,24,23],"tags":[58,57,52,55],"_links":{"self":[{"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/posts\/377278"}],"collection":[{"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/comments?post=377278"}],"version-history":[{"count":3,"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/posts\/377278\/revisions"}],"predecessor-version":[{"id":377281,"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/posts\/377278\/revisions\/377281"}],"wp:attachment":[{"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/media?parent=377278"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/categories?post=377278"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/tags?post=377278"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}