Q: My husband and I own our home jointly.If my husband predeceases me, does the home go to me, or does half go into probate
A:
How exactly is the home titled? It makes a difference. Assuming that you own as husband and wife (called tenancy by the entireties), then when your husband dies, his share automatically passes to you (and vice a versa - your share would pass to him if you died first). In some states, a husband and wife can also own as a joint tenancy with right of survivorship. Those words are important - "right of survivorship" must be on the deed. If they are, then again the share of the deceased would pass to the survivor automatically.
If there is no what I call "magic language" on the deed indicating a husband and wife or survivor relationship, then you would own as tenants in common. That means if one of you dies, then the other surviving person does not automatically inherit and the share of the dead person will pass to his/her probate estate. If there is a will, then the property passes as per the will; if there is no will, then as per the state intestacy laws which is usually the spouse and children.
Before you panic, read your deed. If you do not have it go to the recorder/register of deeds for the county where the land is located and pull the deed. If it lists under the heading "grantees" you and your husband, as husband and wife or similar language, you are probably good to go. If you are not sure, make a copy of the deed and have it reviewed by a real estate or probate lawyer.
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