Q: Property is in husbands name only. If he passes with no will, does everything just come to me? Or do I need to be added?
Home, land & vehicles are only in my husbands name. Neither of us have a will. So if he should pass away, does everything come to me or does he need to add me to the property and house deeds? We have concerns about this due to me never being on the deeds. We also need to make wills soon. We are elderly and have 3 children we would like to make sure everything is done smoothly. Please advise in Texas, Brazoria County.
A:
Without a will, 1/3 of your husband's separate property will pass to you and 2/3 of your husband's separate property will pass to your children. As long as all of his children are your children, you will get the community property. If not, you will still own an undivided 50% of the community property, and the other undivided 50% will pass to his children. With respect to your home, you will have a life estate.
Note: A home purchased during your marriage is most likely community property even if only your husband's name is on the deed unless he purchased it with money that was a gift, inheritance, or part of a personal injury settlement or you and he entered into a prenuptial or partition & exchange agreement.
A:
Without a will, 1/3 of your husband's separate property will pass to you and 2/3 of your husband's separate property will pass to your children. As long as all of his children are your children, you will get the community property. If not, you will still own an undivided 50% of the community property, and the other undivided 50% will pass to his children. With respect to your home, you will have a life estate.
Note: A home purchased during your marriage is most likely community property even if only your husband's name is on the deed unless he purchased it with money that was a gift, inheritance, or part of a personal injury settlement or you and he entered into a prenuptial or partition & exchange agreement.
A will is cheap and can usually be probated quickly and inexpensively. It is never advisable to die without a will.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
