If our house is solely in my husband's name, in the event of his death, will the house automatically go to me, his wife? 25 Answers as of March 05, 2014

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Law Offices of Frances Headley | Frances Headley
No, if the house is solely in his name then the property will have to probated to get the house into the name of his heirs.
Answer Applies to: California
Replied: 3/5/2014
Stephens Gourley & Bywater | David A. Stephens
That depends on the laws for intestate succession where you live. In Nevada if he has children it will not automatically go to you.
Answer Applies to: Nevada
Replied: 3/5/2014
Edward L. Armstrong, P.C. | Edward L. Armstrong
No, the house will not automatically go to you. It will go to his heirs at law which includes you and any surviving children or the grandchildren of a deceased child. The best thing to do while your husband is still living is to have him deed the home back to himself and you as tenant by the entirety.
Answer Applies to: Missouri
Replied: 3/5/2014
Law Office of Pamela Braynon | Pamela Y. Braynon
If you bought the home together within your marriage then yes it would go to you. If he purchased the home prior to your marriage you would receive a life estate in the property, meaning you can live in the house for the rest of your life and then would revert to his heirs, I.e. children.
Answer Applies to: Florida
Replied: 3/5/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Not necessarily. Are there any children? They may be entitled to it. If you really want to get it, he should deed the property to you and him as community property with right of survivorship. Then it will go to you.
Answer Applies to: Idaho
Replied: 3/5/2014
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    No. Whether the surviving wife gets the house will depend on if husband has a Will. What that Will says about the house and other assets, what other assets the husband has, whether there are children, and whose children they are. No matter what, the wife will not get the house without a probate proceeding for the husband's estate.
    Answer Applies to: Michigan
    Replied: 3/5/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    In most states, it wouldn't go automatically to you. If your husband has a will and in it he bequeaths the house to you, then you would a claim to it. If he doesn't have a will, his assets will probably be split between you and any children he has by birth or adoption. It is possible that the house would have to be sold in order to provide the survivors with equal shares of the assets.
    Answer Applies to: Nebraska
    Replied: 3/5/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    No. Husband needs to make a will or a trust designating as to who will receive the house on his death.
    Answer Applies to: California
    Replied: 3/5/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    If he doesn't have a will, probably, but only through probate.
    Answer Applies to: California
    Replied: 3/5/2014
    Frederick & Frederick PLC | James P Frederick
    No. You would need to go through probate to get the title in your name. That is not a good way to go. You and your husband need to get your estate planning taken care of to avoid that expensive result.
    Answer Applies to: Michigan
    Replied: 3/5/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    No, it would have to go through probate, and the court would have to make an order transferring the property. If husband has kids, and the property is separate property, they would get a part. If no kids, it would go to you. Better talk to a lawyer.
    Answer Applies to: California
    Replied: 3/5/2014
    Durham Jones & Pinegar | Erven Nelson
    Not necessarily. In most states, if there is no will or trust the children also get something. The quickest thing would be for your husband to deed the house to you and him as joint tenants. The survivor would then get the house. But, there would be probate issues at the death of the survivor. The best solution would be to establish a trust and have the house deeded to it. The trust would list you and your husband as the beneficiaries, with other beneficiaries after the survivor between you and your husband passed away.
    Answer Applies to: Nevada
    Replied: 3/5/2014
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    The answer depends on whether or not the house is community or separate property, and whether or not there are children. If you want to be sure, have him prepare a will.
    Answer Applies to: Texas
    Replied: 3/5/2014
    James Law Group
    James Law Group | Christine James
    Not automatically. You need to do some estate planning. Meet with an estate planning attorney.
    Answer Applies to: California
    Replied: 3/5/2014
    Danville Law Group | Scott Jordan
    It depends. Is the house community property? Did you own the house prior to your marriage? Does he have children that are not also your?
    Answer Applies to: California
    Replied: 3/5/2014
    The Center for Elder Law
    The Center for Elder Law | Don Rosenberg
    No. It will go through probate and depend on your state's probate intestate laws (dying without a will). If he has a will then it will go thru probate and then to you. Put your affairs in order.
    Answer Applies to: Michigan
    Replied: 3/5/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Nope. It will pass according to his will. You have the right to elect against his will; you also have the right to support from his estate, and to live in the house for up to a year after his death. Of course, often spouses leave a will which leaves everything to their spouse, in which case you would inherit. You and your husband need to do some estate planning.
    Answer Applies to: Oregon
    Replied: 3/5/2014
    Gates' Law, PLLC | Thomas E. Gates
    I depends on whether there is a will stating as such. If no will and in a community property state, yes it would go to you. You also would have the argument that communal funds were used to pay the mortgage, taxes, and insurance while you were married.
    Answer Applies to: Washington
    Replied: 3/5/2014
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    In Missouri, the house would have to go through probate. If your husband has children and you are the mother of the children, then if there is no will, you get the first $20,000 of his estate. You split the rest of the estate with the children. If your husband has children but you are not the mother of all the children, then you get 50% of the estate and the children get the other 50%. Please see an attorney about putting it into tenancy by the entireties which means between husband and wife. Upon the death of the first, by operation of law it goes to the surviving spouse.
    Answer Applies to: Missouri
    Replied: 3/5/2014
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    No, it will go through probate.
    Answer Applies to: Colorado
    Replied: 3/5/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    Intestate succession in California would give I/2 to the spouse and split the other 1/2 between the spouse and any children. Your husband could change this by drafting a will naming another heir. If at all possible get your name on the deed as a joint tenant.
    Answer Applies to: California
    Replied: 3/5/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Check the deed to see whether or not title is held as his sole and separate property. If you have children, you and your children may become the owners of the property. If not, you will become the sole owner. Contact an estate attorney to discuss what your options would be in the event your husband passes without a will.
    Answer Applies to: California
    Replied: 3/4/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If title is solely in your husband's name title will not automatically transfer on his death. A probate must be opened. Title will transfer in accord with the terms of his Will. If there is no Will, then title will transfer in accord with the rules on descent and distribution. If there are children born to or adopted by your husband they will receive a ? interest in the home and the spouse will receive a ? interest. If there are no children then the spouse will receive the entire interest. The simplest way to receive the house directly upon the death of your husband, without opening a probate, is to transfer the house to you and your husband as joint tenants with rights of survivorship. Placing the house into a trust could also accomplish the transfer without probate.
    Answer Applies to: Illinois
    Replied: 3/5/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    That depends on a number of factors, you'll have to provide all of the information to an attorney for an opinion.
    Answer Applies to: Michigan
    Replied: 3/4/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Many more facts are needed to respond. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
    Answer Applies to: Nevada
    Replied: 3/4/2014
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