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Question: Wills, Trusts, Probate - Utah

Asked on 11/4/2009

When a man dies who does the house go to - wife or daughter?

My husband passed away and a while ago (2005) he had his daughter on the deed to the house but we later got married.


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Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


This depends on exactly how the deed was set up. There are two possibilities.  One is that your husband and his daughter were tenants in common, which means that each one owns half the property, and your husband's half of the property is now part of his estate.  In that case, you probably get all or most of that, depending on the equity in the house, and the other assets in his estate (and, depending on what's in his will, if he left one).  The other possibility is that they were joint tenants with the right of survivorship, in which case the house became the daughter's when your husband died.  If your husband didn't change the deed, your marriage didn't do it for him.



  • Answered on 11/4/2009
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