Can my husbands children from a previous marriage claim half of our house if my husband passes away?

Asked on November 6, 2011 under Estate Planning, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I think that you are thinking ahead here and trying to do some estate planning, correct?  It may be a very good idea for you to sit down with your husband and an estate planner to discuss the matter in depth.  If your husband dies with out a Will his children would inherit any of the assets from his estate that are not jointly held with you.  In other words, if your home is held as joint tenants or as tenants by the entirety with rights of survivorship - those are the key words: rights of survivorship - then the property will go to you automatically at the time of his death.  So then the answer to your question would be no, they would not be entitled to a portion of the house.  But I am making assumptions here like your name is on the deed, that it was not his prior to the marriage, etc.  Seek help from some one who can see all the documentation involved.  Good luck.


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