4354 - Question: When our mother died, my father subsequently remarried. He added his new wife as an owner of the family home, and they now own our house as "Tenants by the Entirety." My father has told my sister and I, on several occasions, that upon his death the home will go to both of us. To assure that this will happen, he showed us his Will, which appears consistent with his desires. Are we protected? Is the Will sufficient. Is there anything more we should be doing? Answer: First, I want to make an important correction to your question. You state that your father and his new wife own "our" home. Unfortunately, although it may once have been the family home, it is not your home. I assume that it was your father's and mother's house, and when your mother died, your father became the sole owner. He has now opted to add his new wife to the title, and that is his clear choice -- and his right. For all practical purposes, your father's Will is meaningless as it relates to the house, and will not accomplish what you think are his intentions. In general, a person's Will only applies to assets in the decedent's individual name. In your case, the house is no longer in your father's individual name. Read this Nemmar Real Estate Training article at
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