If my Husband and I have Joint Ownership of our Home, Do we Need to have a Trust or is Will Sufficient if Something were to Happen to either of us?

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“My husband and I have joint ownership of our house. To insure that if something happens to either of us (sickness, accident, death…) the other could sell the house or do whatever with it, do we need to set up a trust or would a will be enough?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

The precise answer depends on the laws of your state. However, a will only takes effect after the person dies; it would have no effect at all in the event of sickness or accident. You should discuss your concerns with an estate planning attorney, who may be able to draft a power of attorney, a trust, or another document which will accomplish your goals.

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Author: House Attorney

A house attorney has answered this question.

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