[MD] How can I pass my house on to my husband in my will, but not allow his children to inherit it if he dies?
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You could add your husband as a joint owner, or use a POD (payable on death) or TOD (transfer on death) designation.
Legislation is currently pending to give Maryland a TOD deed option. So this and/or a will would make sense for your situation, although a TOD deed would be simpler.
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I have a real estate question.
I understand you have a real estate question. Can you please tell me if this question is related to buying, selling, renting, or any other specific aspect of real estate?
My father and mother recently passed. The three of us co-owned the house together.
Are you facing any legal issues or disputes regarding the property in question?
Now that they are gone I own the house outright. However, we are now trying to create wills. My sister does not want the house to go to my husband and his children if I die.
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with inheritance concerns.
Just trying to understand how I can have my husband (who is not on the deed) be able to inherit the house as my beneficiary — but not allow his children to inherit it if my husband dies.
Hello! Thanks for using AskaLawyer. My name is Stephen, and I am an attorney ready to answer your questions with top-quality service.
Add husband as a joint owner. Or a POD or TOD designation. Is sister on title? If not, she’s got no interest. What state is this?
Hi Stephen — what is a POD? This house is in MD. Sister is not on title... but her concern is emotional... I have no biological children and my husband has 3. So I have 3 stepchildren. My sister is concerned that she and her son will not have any inheritance if my husband and his children inherit after I am gone.
Payable on death.
Your sister is right. It’s not her house. She has no say. I can’t tell you what to do with it. Nor can she.
Which of the options you offered are better... POD or joint owner?
You could add your husband as a joint owner, or use a POD (payable on death) or TOD (transfer on death) designation.
Legislation is currently pending to give Maryland a TOD deed option. So this and/or a will would make sense for your situation, although a TOD deed would be simpler.
Totally up to you. Both do the same thing. I’d go TOD. But sister doesn’t get anything unless you give it to her.
I think that’s the bigger issue: her understanding of the ownership. Mom and dad left it to you. So your choices are your own. You don’t owe her.
So I can add that to my will or add it to my husband's (if I'm already gone)?
You’d execute the deed and get it recorded. The TOD deed gets recorded now. You can use a will, but the deed is more compelling and cleaner.
Awesome thank you so much!
My pleasure. Anything else I can help with or clarify?
No that's it! Thanks again.
Sounds good. Happy to help. Thank you very much. Take care now and be well.
