Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My fiance & I purchased a house together in the state of Maryland. We would like to write up an agreement that if something happens to me, he gets 100% ownership of the house and everything in the house and if something happens to him I would get 100% ownership and everything in the house. Is there a legal document that we can pick up at Staples and have notarized? Would the document be a legal and binding in the State of Maryland, or would it be in our best interest to get an attorney?”
Question: What you are describing here is some basic estate planning. There are several different ways that you can ensure that property passes to someone when you die: you can change the ownership of the property to joint tenancy with right of survivorship, you can make out mutual wills, or you can set up a trust. Which of these would be best for you will depend on your situation, and you should be aware that there are significant financial consequences of your choice. Therefore, it’s best to consult with an attorney.
