Q: Married, resident of SC, but husband owns home in MD. my name is not on the deed....we haven't done our wills yet...
What needs to be done to protect me (concerning the home in MD) if something happens to him before we do our wills?
A: The laws in the State of South Carolina where you reside will govern your spousal rights to the estate of your deceased spouse, even as to property located in Maryland. If he dies without a will, the MD property will be distributed in accordance with the intestate laws of SC, and in most states, a surviving spouse has a set perentage right to share in the estate. The exact percentage can vary based on whether there are surviving children of the decedent or not, and whether the surviving children are minors or adults, and whether the statute provides for a spousal or family allowance in addition to the percentage shares, and whether SC recognizes augmented estate claims for surviving spouses. In other words, this question can only be answered by a SC estate lawyer.
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