I am married and the deed to our home is in my name. Upon my death, I would like for the house to go to my grown sons but allow my husband to stay in the home until he dies or marries. What type of life estate do I use?
Thank you for your interest in DeedClaim.com. Since you are in Texas, you could use either a Texas Revocable Transfer-On-Death Deed or a Texas Enhanced Life Estate (Lady Bird) Deed to transfer property at death. But neither option will allow you to build a remarriage contingency into the document unless you add it on your own after the document is created (not recommended). Some people believe that adding a remarriage condition only encourages unmarried cohabitation, so remarriage clauses may be disfavored. But if you want this type of condition, you may be better served by creating a living trust.
Disclaimer: Your use of DeedClaim.com to prepare your own deed does not create an attorney-client relationship. DeedClaim.com is not a law firm and our services are not a substitute for legal advice. You should not take anything contained in this response or published on DeedClaim.com to be legal advice about your specific situation or make any decisions based on it.