Q: Does a spouses WILL automatically transfer deed to surviving spouses name if she is not on deed jointly? probate require
married and deed in his name only. He tells me his WILL will automatically transfer deed to my name if he dies. Is this correct? It is smart to have us file a quit claim as joint tenants in common with right of survivorship? Will that make me joint owner of the home and the home be mine at that point if he passes away? His will has me as his beneficiary and I know i could stay in the home, but if not on the deed, I dont think the home is "legally" mine. Is that also correct?
A:
A will does allow a transfer of ownership, but this will require a filing in probate court (if there are no disputes, the probate filing really is not a big deal). To automatically transfer at death (without the need of probate), the three methods are: (1) joint tenants (automatic survivorship), tenants in common WITH survivorship or (3) place the property in a trust. Contact a probate attorney for all the specifics and benefits/risks of each approach.
As for the legal ownership, being on the deed means that you are an owner or co-owner. If you are not on the deed, but the property was acquired during marriage and no pre-nup applies, you are also likely an owner (a court would have to approve this). Note, for probate purposes spouses generally get an automatic right to 1/3-1/2 of the deceased's estate. Again, contact a probate attorney for guidance on the interests and conditions.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
