Baton Rouge, LA asked in Real Estate Law and Estate Planning for Alabama

Q: My husband has a house in his name only that he purchased before were married.

His adult daughter is his beneficiary & inherits the house if he were to pass away. Since this is my home but my name is not on the mortgage or the deed, am I entitled to inherit the home before she were to inherit it?

1 Lawyer Answer
Jack T. Carney
Jack T. Carney
Answered
  • Estate Planning Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: You would be entitled to inherit the house if your husband designated you as the beneficiary in his valid Last Will and Testament (or added you to the deed). If he died without a Will, then Alabama law directs that one-half of the assets in his name pass to his spouse and one-half pass to his children. In family situations such as yours careful and thoughtful estate planning is so important. It can truly help prevent a disaster down the line.

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