How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Hello. I am a single mother, recently separated and recently

Customer Question

Hello. I am a single mother, recently separated and recently diagnosed with secondary cancer and trying chemo, again. I am about to buy a house and wondered if I could legally put it into the name of my two children, aged 12 & 10. My reason is so there will be no dispute over who owns the home and hopefully my children will continue to have their home. The house, with any life insurance, will take me over the £325000 inheritance limit. I am still legally married, but that situation may change.

I'd be grateful for legal thoughts - thank you
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How far have the financial negotiations within the divorce reached?
Who will deal with your estate on their behalf?
Clare
Customer: replied 2 years ago.

I have a Will. Two executors. Estate left to children with provision for Carers.
Financial arrangements with husband are informal. He is selling a property and promises to give me money for a house. The children and I are renting - not ideal. I don't want any house to become part of my husbands estate.
Thank you
Susan

Expert:  Clare replied 2 years ago.
Hi
Is your husband also the father of the children - if so will he agree to the arrangements that you have made?
Clare
Customer: replied 2 years ago.

Yes . He is their father. Which arrangements do you mean? The arrangements for the children are that they live with him, wherever he is, and some of the estate will provide for a home for all of them if necessary. But property/money reverts back to children when they are adults as the estate is legally left to them not him.


 


I simply wanted to see if I could avoid confusion or avoid the property, or the value of the property, disappearing into his estate and then being divided and benefit his older children by his first marriage.

Expert:  Clare replied 2 years ago.
Hi
Thank you for that clarification.
You would have to set up a trust to hole the property on behalf of the children since they are under 18.
Provided you leave your entire estate to the children then the property that is held in your name at the date of your death will belong to the children and will have to be kept for then and cannot disappear in to your husband's estate
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare


 


Thank you for the response. You have partly answered my question, so thank you. I really wanted to know what name I put the property in. Do I put it in my name solely? Do I put it in mine and the children's - if that is possible. I think from your answer, you are saying I put house in my name, I set up a Trust with the property as the asset (?) and then as it forms part of my estate it will be for the benefit of the children named in the Trust?


 


Is it easy to set up a Trust?


 


Have I understood correctly?


 


Many thanks Susan


 


 

Expert:  Clare replied 2 years ago.
Hi
The children are too young to own property.
So you either set up the Trust now - or simply leave the property to the children in your Will and direct that it should be held in trust for them - which is likely to be the more straightforward option
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice