Property Inheritance

[MilliePhillips]

I want to inquire on who will get my house if something happens to my husband. The house is in his name only. He said he will put my name on the deed, but the lawyer has not done so as yet. He just remortgaged the house and did not include my name on it. He says i will not have any trouble with getting the house if he dies. What is the law in massachusetts on marital property? My e-mail address is " SARGE546@MEDIAONE.NET"

 

[Michael Wechsler]

Originally posted by Millie_Phillips:
I want to inquire on who will get my house if something happens to my husband....

Not sure what this means and I assume you mean death. Are you the beneficiary in the will? Putting your name on the deed would be an act that would affect the immediate ownership interests. Depending upon the kind of owner you are, it may entitle you to ownership of the whole upon death such as an interest in property with a right of survivorship (whoever lives longer).

 

[MilliePhillips]

What is the best way to make sure that the house will be mine after my husbands death. We built the house in 1989, but my name is not on the mortgage or the deed. Does the house go to the spouse in case of death.? Or will i have to go to court to claim it?. How should i protect myself. I want to make sure that i don't have trouble if my husband dies before me. It is a new mortgage and i was surpose to go on the deed but the lawyer has not done so as yet.

 

[Michael Wechsler]

Originally posted by Millie_Phillips:
What is the best way to make sure that the house will be mine after my husbands death.

There are several ways property can pass to a surviving spouse. A "joint interest with a right of survivorship" makes the couple joint owners while both are alive with an undivided interest with the surviving spouse owning the whole upon death. The property may pass independent of the will. You can also have the property pass to you per your husband's will. Since you have an attorney, you should probably speak to him and discuss some of these options with him/her and you can deal with the specifics of your own situation in deciding what structure.