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What I struggle with is the idea that this is unforeseen. Surely the subject of visitors must have come up at some point, after all if not for the biological father, it could be a woman you don't approve of, 'bad news' friends.
We don't know the legal status of the son in question, but if he is seen as a fully functioning adult legally then I would - if I was in that position - try to formalize to arrangement and include a guest clause in that.
Last edited by Veritas Vincit; 02-23-2021 at 11:20 AM..
You have what amounts to a 10 year old living alone? That seems like the bigger concern to me. But I would guess you need to speak to a lawyer.
This! Why post on a forum? Speak to a local real estate attorney today. No one here can help you. We can't offer legal advice. We don't know what state you're in. Every state has different laws. I can't imagine a 10 year old living on their own.
Since you have already consulted with an attorney, at this point, I suggest speaking to said attorney about putting the deed to the property in the name of an estate, with TOD to son should you both die together or within a certain time period one after the other. This protects the son, but you can also make either of you the administrator of the trust. Then, you execute a lease to son with Trust as owner/lessor. You can also keep the property in the name of the trust to continue until such time as your son no longer needs that benefit/protection.
This protects son as well as your interests in the property and grants you as trustors/trustees. For that you need to consult a lawyer specializing in estate planning - wills, trusts, estate planning are generally lumped together.
This! Why post on a forum? Speak to a local real estate attorney today. No one here can help you. We can't offer legal advice. We don't know what state you're in. Every state has different laws. I can't imagine a 10 year old living on their own.
He is a highly functional disabled adult (just cognitively about 10 years old) with an eight year track record of living independently from home. All we do is go over every other day to help him stay on top of cleaning, shopping and cooking.
He's the kid's father. Besides this being your wife's ex and you don't like him... What is wrong with him being part of your son's life? What's wrong with him? Given that even you have considered the possibility of making sure the son has options if something happens to you, the existence of a willing and involved father should be a good thing.
He's the kid's father. Besides this being your wife's ex and you don't like him... What is wrong with him being part of your son's life? What's wrong with him? Given that even you have considered the possibility of making sure the son has options if something happens to you, the existence of a willing and involved father should be a good thing.
Im gonna go with - he was probably a deadbeat/absent sperm donor & now that the son has a house (who would let a cognitive 10yr old own a house?), he will make it his own.
He's the kid's father. Besides this being your wife's ex and you don't like him... What is wrong with him being part of your son's life? What's wrong with him? Given that even you have considered the possibility of making sure the son has options if something happens to you, the existence of a willing and involved father should be a good thing.
He is a highly functional disabled adult (just cognitively about 10 years old) with an eight year track record of living independently from home. All we do is go over every other day to help him stay on top of cleaning, shopping and cooking.
Hmm, we certainly don't know your son, but if you feel the need to do all this sounds as if he's not actually all that independent. How does your son feel about his bio dad visiting? Does he understand the relationship? Do you have specific reasons why he shouldn't be permitted to visit for a month? You wrote that this man has a tendency to "show up" unannounced, you don't like him. BUT, you've decided your son can live on his own and make at least some of his own decisions. Sounds as if you need to re-visit what your continuing authority over your son actually is.
Last edited by Parnassia; 02-23-2021 at 03:21 PM..
This! Why post on a forum? Speak to a local real estate attorney today. No one here can help you. We can't offer legal advice. We don't know what state you're in. Every state has different laws. I can't imagine a 10 year old living on their own.
Thinking about what I said further up the thread, I agree, it's too complicated and there's too many unknowns for anyone to give great advice on a forum. And of course no-one is giving out actual legal advice on a forum. For one, most of us, including myself, aren't qualified to do it. So I'd leave this one in the hands of a competent attorney.
Who told the bio dad about the ownership situation? Even a 10 year old can understand there are certain things you keep to yourself and why, especially if they can live alone and manage their affairs.
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