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.
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.