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 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?”
Question: 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.
