Q: I have 2 text messages from my deceased spouse saying I can have the house, Can I submit this to the court.
He died without a will and now I need to pay his adult children he had before we married, becasue oft he value of the home. My name is not on the deed. I am in Maryland
A: You should sit down with a lawyer to review the estate and your rights. While a text is not a Will, and it will not be binding, you have certain rights as the spouse.
A: You say your name is on the title to the property. The default title to real property owned by married couples is “tenants by the entireties” which means upon the death of one spouse the other spouse, you in this instance, owns the house outright by law. It is not subject to anything your deceased spouse may have said, in or out of his will. The only way you would not own 100% of the property is if you and your husband were divorced before he died, which would have converted your ownership interests into “tenants in common”—meaning you would then each own 50% of the house, and upon his death, his estate would own his share. But if you were still married at the time of his death, then I’m guessing you are now the sole owner of the house, and you owe his children nothing. Consult a lawyer if you can any to review the circumstances to be sure. The deed is easily looked up to clarify how the property is titled.
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