Q: Mom & daughter own house. Daughter dies. Is the daughter’s husband entitled to any profits from the sale of home?
Husband’s name is not on the title. However, daughter was put on the title during marriage.
A: I am sorry for the loss in your family. In general, it will depend upon the wording included on the Deed. If the Mom and daughter owned as joint tenants with rights of survivorship, then Mom would become sole owner. If they owed as joint tenants in common, the husband would likely become the 1/2 owner with the Mom. There are multiple other factors to consider, so the best bet is to schedule a consultation with a real estate/probate attorney.
A: Him not being title is not determinative. Husband has an interest in the property via daughter's estate as surviving spouse potentially. It depends how the deed was worded; tenants in common vs joint tenants with rights of survivorship. The latter he likely doesn't, the former perhaps to daughter's 50% interest. A probate lawyer would need to be hired to examine the issue further.
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