Your Home: Importance of having it in your will
YNN's Innae Park meets with an attorney, who tells us the importance of willing your home to someone.
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When you think about your home, it may conjure up images of a place where you and your spouse grow old and possibly raise children. Unfortunately, that is not always the reality and although morbid as it may seem to think about, a will is something you should have in case something should ever happen.
Attorney Tony Ianniello said, "A will is important for many reasons. The most important of which is that it's a way to insure that your property becomes distributed in the way that you want it to be distributed rather than the way the jurisdiction will dictate.”
If there is no will, then the laws of intestacy of the state where the person resides will govern the distribution of property.
Also in the will, you can dictate to whom the property goes and what you wish to be done with it, especially if you want to keep the home in the family.
Ianniello said, "Unless there are restrictions related to the use of property or the ownership of the property, whomever the property is left to can decide to sell if he or she wants to."
Your home is not that much different from any other asset that you place in your will. However, there is one important thing to remember when you are willing your home to someone: The mortgage.
Ianniello said, "The loan was based on the credit facilities of the borrower. If the borrower dies, then the lender will not know if the new owner, by reason of the will, will have sufficient income to pay the mortgage. Technically speaking, the mortgage goes into default because there is a transfer of the property. So, in many cases, the person who then becomes responsible for the mortgage would then have to obtain the consent of the lender to assume that mortgage."
There are many layers to this topic and you should seek a professional to guide you through the process. At the end of the day, it is better to be safe than sorry and since you already need a lawyer when you're purchasing a home, that might be the best time to talk about drafting your will.