Can my husband put another person on the deed to our property?
Asked on May 26th, 2019 on Elder Law - Connecticut
More details to this question:
His name is on the deed. We weren’t married when he bought the house 36 years ago.. We got married in 2005. His will leaves everything to me, but now he is showing signs of dementia and wants to leave “his half” of the property to his niece. What are my rights?
As long as he is mentally capable of doing so, he may gift his portion of the property to whom he likes. That being said, a spouse in Connecticut can elect to take a marital share of the estate, provided he or she is still married to the decdent at the time of their passing. Upon the death of a spouse, the surviving spouse may elect to take their statutory share of the real and personal property passing under the will of the deceased spouse. C.G.S. 45a-436a. This means that a surviving spouse, whether it be the husband or the wife, cannot be disinherited in Connecticut. However by opting to take the statutory share you are choosing not to take what is specified in the Will for you. You would be well advised to seek experienced legal counsel.
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