QUESTION
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?
Asked on Mar 04th, 2014 on Estate Planning - Michigan
20 ANSWERS
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.
Answered on Mar 05th, 2014 at 10:36 PM
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.
Answered on Mar 05th, 2014 at 10:36 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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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.
Answered on Mar 05th, 2014 at 10:33 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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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.
Answered on Mar 05th, 2014 at 10:31 PM
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.
Answered on Mar 05th, 2014 at 4:08 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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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.
Answered on Mar 05th, 2014 at 4:07 PM
If he doesn't have a will, probably, but only through probate.
Answered on Mar 05th, 2014 at 4:07 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No. Husband needs to make a will or a trust designating as to who will receive the house on his death.
Answered on Mar 05th, 2014 at 4:07 PM
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.
Answered on Mar 05th, 2014 at 4:07 PM
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.
Answered on Mar 05th, 2014 at 4:07 PM
2 Awards
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.
Answered on Mar 05th, 2014 at 4:06 PM
2 Awards
Not automatically. You need to do some estate planning. Meet with an estate planning attorney.
Answered on Mar 05th, 2014 at 4:06 PM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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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.
Answered on Mar 05th, 2014 at 4:05 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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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.
Answered on Mar 05th, 2014 at 4:05 PM
No, it will go through probate.
Answered on Mar 05th, 2014 at 4:05 PM
Thomas Edward 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.
Answered on Mar 05th, 2014 at 4:05 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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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.
Answered on Mar 05th, 2014 at 4:04 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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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.
Answered on Mar 05th, 2014 at 4:04 PM
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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.
Answered on Mar 04th, 2014 at 5:36 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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That depends on a number of factors, you'll have to provide all of the information to an attorney for an opinion.
Answered on Mar 04th, 2014 at 5:36 PM