Can We Divide Sale of Our House Equally Between Two Sons?

You can split your home between your sons either through your will or a trust. As your family members have said, a trust would avoid probate and make the process easier for your sons.

Another alternative would be a life estate, which gives your sons an interest in the house now and also avoids probate. It would be less expensive to set up than a trust, but is also less flexible.

With a trust you can also make sure your other assets – savings and investments – avoid probate by retitling them in the name of the trust. Trusts also provide for management of your assets in the event you or your husband became incapacitated.

Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of and answers consumer questions about estate planning issues here and at