If I’m not divorced and my house is in my name, will it go to my husband upon my death?

I have 2 daughters and 1 is a minor. I have a judgement specifying what belongs to me and what belongs to him.

Asked on November 1, 2013 under Estate Planning, Florida


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

If you die without a will, your assets pass according to your state's law of intestate succession.  In Arizona, in this situation, if you die without a will everything would go to your husband.  In Florida, it depends on whether your children are also your husband's children.  If so, your husband will still get everything.  If not, your husband will get half and your children will get half.  The answer to all of this is to draw up a will.  If you do not want to hire an attorney, software is available that will allow you to do it yourself.

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