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  1. #1
    Join Date
    Mar 2006
    Location
    Massachusetts
    Posts
    1

    Default Will or prenuptial agreement

    I have a question as to what I should do with the house I own in Florida that was my fathers.

    My father is still alive and living in Florida while I reside in Massachusetts. My father has power of attorney on that property and is fixing up the property for me. The house was my fathers and he deeded it over to me. If anything happens to me I want my father to have the house back, how do I do this? A will? I'm getting married in two months and if a divorce was to happen, again I want the house to go back to my father or it not to be part of our estate. Do I need a prenuptial agreement also? What direction do I go? Is there a special lawyer I should see?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Messy Situation

    So you have already recorded the quitclaim or other conveyance by which the house was given to you? Because it sounds like it would have been less complicated for you had that conveyance not been made.

    You should be able to fashion a prenuptial agreement which protects your interest in the house, and to convey the house back by will. If you wish to do something like that you should be able to find an estate planning firm which also drafts prenuptial agreements, and it is probably worth the time to get the estate plan "done right".

    You could also convey the house back to your father before you are married. I suggest that you consult a estate planning lawyer before making any firm decisions.

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