I have left my home to my present wife who has2 children, if we die together who inherits the house?

Her children or my daughter? This home was purchased before I married my present wife. In the event of my death it goes to her. In the event of her death it returns to me.

Asked on October 6, 2011 under Estate Planning, New York

Answers:

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

Answered 9 years ago | Contributor

This is not one of those questions that is easy to answer.  If you had a Last Will and Testament prepared then you should have planned for this issue. You can indeed address the issue in your Will and you should.  You can have your attorney write in one of the paragraphs that should you die simultaneously it shall be deemed that she predeceased you so that the property remains in your estate for distribution to your daughter.  Otherwise, should the coroner determines that you predeceased her then the property goes in to her estate and her children - not your daughter - will inherit.  So please go and change the Will and speak with your attorney.  Good luck.


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