Can I leave my half of the house to my children or does it automatically go to my husband?

My husband and I are buying a house. He has no interest in writing a Will but I want to write one to protect my personal property and my children.

Asked on April 21, 2013 under Estate Planning, Ohio


Victor Waid / Law Office of Victor Waid

Answered 7 years ago | Contributor

Take title as community property, husband wife; this gives you the right to execute a will of your share of the property to your children; and as an added benefit, if your husband passes before you do, and doesn't make out a will you survive to his share. Of course he can also make out a will and will his share to someone else. But insist to the title company, the deed to the both of you be as community property, and don't back down on that request.

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