Springfield, MO asked in Real Estate Law and Estate Planning for Missouri

Q: I was single when I bought my house. Deed is TOD to my kids. Now that I am married, would house go to spouse if I die?

1 Lawyer Answer
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
  • Estate Planning Lawyer
  • Springfield, MO
  • Licensed in Missouri

A: There are a lot of factors that would help answer this question. Do you have a will? Have you updated your will since your marriage? Generally speaking, if you die without a will (intestate), your spouse and kids would split your estate. It sounds like you have a beneficiary deed in place for your home, and married after that deed was prepared. On your death, your spouse would have an argument that s/he is entitled to his or her marital share of the ownership of your house, in addition to your named beneficiaries.

Now that you are married, I strongly recommend that you review your beneficiary deed, and your will or estate plan, with an attorney.

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