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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.