If my husband has a Will leaving everything he owns to me but my name is not on the deed to our home, will I have a hard time selling our house when he passes?

Asked on June 6, 2012 under Estate Planning, Florida


Mitchell Goldman / Law Offices of Cantwell and Goldman, P.A.

Answered 8 years ago | Contributor

I assume for purposes of the answer that the husband has no minor children.




If your husband dies leaving you all his assets in his will, then the house will pass to you but it will have to go through probate.  The probate process takes time and there is an expense.  Alternatives to probate include having your husband deed a survivorship interest in the property to you while he is living, or he could create and fund a living trust placing the house in the trust.  Both alternatives avoid the time and expense of probate and should facilitate an easier sale of the home. 






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