Upon death of a spouse, whar are the rights of the surviving spouse?

I moved in with my husband after he purchased a home. I am not on the mortgage or any other paperwork. Putting my name on the mortgage right now is not a good idea, as my credit is not stellar. What is the best way to ensure that should my husband pass away before I do, that I get the house?

Asked on August 15, 2012 under Estate Planning, Maryland

Answers:

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

Answered 8 years ago | Contributor

Speak with an estate planner or an attorney.  You need to inherit the house via Will or trust. Unless you are on the deed with "rights of survivorship" the house will have to go through the probate process.  Good luck.


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