QUESTION
Do I have any rights to the home after my husband dies if my name is not on the title?
Asked on Jan 08th, 2014 on Estate Planning - California
More details to this question:
My husband has a will he made up 9 years ago leaving the home that we live in to his children.
18 ANSWERS
General Practice Attorney serving Canton, MI
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James F. Malinowski
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The answer to this question depends on whether your husband owned the property in his name alone. If so, you have a right to your statutory share of the property. As his spouse, you are always entitled to that share, despite any language in the Will to the contrary. Under Michigan law, you are able to elect to take against the Will and receive that statutory share.
Answered on Jan 10th, 2014 at 7:18 PM
He cannot completely disinherit you. You can elect to take the spousal statutory share instead of what the Will says.
Answered on Jan 10th, 2014 at 5:00 AM
Edwin K. Niles
You may have a community property interest if payments were made during marriage. Talk to a wills, trusts and estate lawyer.
Answered on Jan 10th, 2014 at 4:59 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Assuming he does not make a new will and you were not mentioned in the old one, you get one-third of the separate property and all of the community property. Whatever you do, don't move out voluntarily if you want to keep living in the house.
Answered on Jan 10th, 2014 at 4:59 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes, but your rights are complicated, and both you and the kids would need to go through probate to get what is coming to you. That is not good for anybody. Your husband can easily take care of this situation, protect you and the kids, and make sure that none of you need to pay thousands of dollars to the court and attorneys. He should see an estate planning attorney and take care of this, as soon as possible.
Answered on Jan 10th, 2014 at 4:58 AM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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This would depend on whether the home is community property with you, and whether he left you a usufruct (or right of use) to the home after his death. If he bought the home during your marriage and the two of you did not have a prenuptial agreement, it is likely community property.
Answered on Jan 10th, 2014 at 4:57 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In Idaho, you might have the right to $50,000 worth of his estate.
Answered on Jan 10th, 2014 at 4:56 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The terms of the will control. As the spouse you may be entitled to a spousal award outside of the terms of the will. Furthermore, the spouse also has the right to renounce the will and take 1/3 of the assets of the estate. Since the house is being transferred by the terms of the will it would be an asset of the estate and contribute to the total value of the estate when determining the distribution under the spousal right of renunciation.
Answered on Jan 10th, 2014 at 4:55 AM
Unfortunately, no. In California, the will is valid. You will have to deal with his children.
Answered on Jan 10th, 2014 at 4:55 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You may have a "dower" right under Michigan law contact an attorney.
Answered on Jan 10th, 2014 at 4:55 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You may have a claim for a community property interest in the home. Suggest you obtain a probate lawyer to make the claim.
Answered on Jan 10th, 2014 at 4:54 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Contact a lawyer to represent you. You can "elect against the will" and have rights to support and to live in the house for up to a year. Best to negotiate with his kids, come to a settlement all can live with, that protects you and is reasonable for them.
Answered on Jan 10th, 2014 at 4:54 AM
You should have rights as a wife.
Answered on Jan 10th, 2014 at 4:53 AM
If the will is valid, the house would go to his children. Some states allow a surviving spouse to claim a portion of an estate even if he/she is not mentioned in the will.
Answered on Jan 10th, 2014 at 4:53 AM
General Practice Attorney serving Edison, NJ
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The Law Offices of Peter S. Kollory
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Yes, if you were still married at the time of his death.
Answered on Jan 10th, 2014 at 4:52 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sadly, at least in Michigan, it would appear that the home is now owned by his children.
Answered on Jan 10th, 2014 at 4:52 AM
3 Awards
It depends. There is no easy answer. A lot of facts needs to be reviewed, i.e., title, how and when home was purchased, value of probate estate, existence of a prenuptial agreement, etc. You need to sit down with an attorney to address a lot of issues.
Answered on Jan 10th, 2014 at 4:51 AM
2 Awards
Probably some rights, but it does not sound like a long term marriage. See a probate attorney to protect the rights you do have.
Answered on Jan 09th, 2014 at 11:56 PM