Q: My mom wants to remarry and he will move in with her, I’m on the deed what’s happens to her house if she passed away?
She is 84 he is 72 my wife and I are on the house deed
A:
That depends on HOW you are 'on the deed'. Was the deed prepared by a licensed attorney? Was this a DIY situation?
There are MANY pratfalls for the uninitiated in trying to 'just add a name to avoid probate' and sometimes it actually CREATES A NEED FOR MORE COMPLEX PROBATE if done wrong.
In short; if you are survivors only (a 'ladybird' deed) your mom can change her mind and you may get nothing and he could inherit the whole thing.
OR
If you are joint with rights of survivorship, he might end up with nothing and YOU inherit the whole thing.
And there are other possibilities as well. Without seeing the deed it is impossible to know for sure.
And as an ancillary issue, a pre-nup might be in order for your mom before (preferable WELL before!) the marriage.
SHE is in control here, though, and you may or may not have anything to say about this. Seek local legal counsel!
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