QUESTION
If something happens to my husband, would I be kicked out of my home?
Asked on Apr 08th, 2013 on Estate Planning - Colorado
More details to this question:
I recently got married and moved in with my new husband. His name is on the title of his house. If something happens to him, would I be kicked out of my home?
18 ANSWERS
That depends on his estate planning, if any. For example, if he has a will or trust which give the house to any other heirs or beneficiaries you might have to leave. I suggest that you mention the issue to him. Perhaps he would agree to change the title to joint tenancy, or give you a life estate which would allow you to stay in the home during your entire life.
Answered on Apr 24th, 2013 at 3:07 AM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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If he dies, his home will pass under the state's default laws if he doesn't have a will, or under the directions of his will or trust if he has one that is effective. If he grants you the right to live in the home and you continue to pay the mortgage, you should be fine. It is possible that the home would have to be sold, depending on what kids there may be from a prior marriage and what will or trust your husband may have. The specific answer to your question requires a bit more information.
Answered on Apr 09th, 2013 at 9:08 PM
Your question depends on a lot of different factors. You and your husband should contact an attorney and each have a will and medical power of attorney done so that you can be protected if something happens to either of you. Wills are not expensive, typically around $500-$1000, and are very much worth it for your peace of mind. As a general rule, the spouse inherits the entire estate when their spouse dies, but this can be effected by children from other marriages, illegitimate children, and a host of other factors. It's really worth your while to have a will done for each of you.
Answered on Apr 09th, 2013 at 8:01 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No not necessarily. I would suggest you and yourself consult with an estate planning attorney to provide for the future, including a post nuptial agreement re your interests acquired during the marriage respecting the house.
Answered on Apr 09th, 2013 at 7:55 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends on the title of the home, among other things. Your situation is really crying out for legal assistance, as soon as possible.
Answered on Apr 09th, 2013 at 2:44 AM
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It is possible that you would be asked to leave or evicted. A lot depends upon your husband's estate plan, What rights you are given by the estate plan or state law, how the home is titled, etc. You should have a discussion with him about this issue. You may want to speak with an attorney as well. 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 Apr 08th, 2013 at 1:55 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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As the surviving spouse, you may have an interest in the home by operation of law unless he has done something to prevent this from happening; i.e. added someone else to the deed (like his kids) or put the house in a Trust of which you are not the beneficiary. If I was you, I would ask him point blank about his intentions for the house if he should die. If he has not made plans, then the two of you should do some estate planning to address this issue.
Answered on Apr 08th, 2013 at 1:54 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Not immediately. If he had a will before you were married, it was revoked when you married. If he has not done a new will, and dies without one, then you are entitled to one half of his estate, and his children will share the other half. If he has done a new will, and has not provided for you (!), you would still be entitled to stay in the home for up to a year after his death, although you would have to pay the property taxes, maintenance and insurance during that time; and you could petition the court for support from his estate.
Answered on Apr 08th, 2013 at 1:54 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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How is your new husband's estate plan set up. You have certain elections, spousal rights including a homestead allowance, an exempt property allowance and an spousal allowance under Michigan Probate law if the house were solely in his name and subject to the probate court's jurisdiction. You may have a dower interest in the property. Your husband's estate plan could provide a life estate for you.
Answered on Apr 08th, 2013 at 1:47 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Probably not, and certainly not immediately.
Answered on Apr 08th, 2013 at 1:46 PM
Thomas Edward Gates
Is there a Will? From what funds is the mortgage payments being paid from? You do not provide enough information to adequately respond to this question.
Answered on Apr 08th, 2013 at 1:46 PM
Still can if the house is not paid for and there is a mortgage and you don't continue to pay it. There may be other issues involved.
Answered on Apr 08th, 2013 at 1:45 PM
If you husband doesn't want to have your name put on the deed, insist that he have a will drafted that leaves the house to you upon his death. If he dies owing massive debt, however, the house may have to be sold to pay those expenses.
Answered on Apr 08th, 2013 at 1:45 PM
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You could be if he does not leave a will providing for you or stating you are able to stay.
Answered on Apr 08th, 2013 at 1:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally, if your were to die you in here it is property. I do not know whom the house is presently titled in order to is owed, but obviously you would have to pay any remaining mortgage. I would suggest that you engage an estate planning attorney to assist you and merging your previously individual states and as to how to title your assets and, to the extent possible, your liabilities.
Answered on Apr 08th, 2013 at 1:45 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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It depends on what is in his Will regarding the dispostion of his real estate.
Answered on Apr 08th, 2013 at 1:45 PM
Not necessarily. As a surviving spouse, you will have rights. Your husband may wish to make out his estate plan to accomplish his goals and protect you, assuming that is one of his goals.
Answered on Apr 08th, 2013 at 1:44 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Since the house is your husband's separate property, if he dies without a will you could be evicted by his legal heirs. If your husband wants you to be able to stay in the home, he should do a will with that provision.
Answered on Apr 08th, 2013 at 1:44 PM