When you pass away your husband has rights to a portion of your estate unless you signed a Prenuptial Contract. Therefore if he dies after you do, his children will inherit from him.
If he dies before you, his children will not inherit unless you name them to inherit in your Estate Plan.
If you want to transfer the home into a Living Trust or otherwise sell or transfer your home, you will have to have your spouse's signature on the deed.
It is always wise to have a formal estate plan to make sure your property is distributed the way you want it to be and so that people are not confused about what you want to happen if you die. You might want to discuss your various options with a Tennessee Estate Planning attorney.
To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.com
Answered on Jan 09th, 2012 at 12:59 PM