Q: In alabama if a home is jointly owned by two people (husband and wife) how is it handled if one of the spouses pass away
If a husband and wife are both on the deed to the house as co owners if one dies without a will how does the inheritance law work? are the surviving children entitled to half of the home value over the $50k that the spouse gets or does the home just pass straight to the co owner with no one else able to have a claim against it?
A:
It depends on the exact wording of the deed. If the deed was held as "joint tenants with rights of survivorship" then the home would pass straight to the co-owner and no one would have a claim to it. Our firm recently published a newsletter article on this very topic and I have included the link below:
https://www.carneydye.com/2018/02/22/the-importance-of-a-deed-checkup/
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