My "domestic partner" and I recently purchased a home together. It is in his name and my name with "sole right of survivorship". We did this to protect the other person in case one of us dies first.
I want to do a will and he does not. We are almost always together so my concern is that we might both be killed in a crash or some such thing. Can I do a will naming an executor of the home/property even though the home/property was in both our names?
Thank you for your help.
Answer
You can do a Will dealing with the property. It will only deal with property that passes through the estate, a simultaneous death would put the property in your probate estate as you describe the facts.
Answer
If you are concerned about simultaneous death and wish to avoid probate, you may consider a living trust which can be used to avoid probate and to deal with many issues regarding property, incapacity, complex family matters, and other issues.
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