Can heirs and assigns include a wife or must it be a blood relative?

UPDATED: Oct 1, 2022

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Can heirs and assigns include a wife or must it be a blood relative?

My husband and his sister, and their heirs and assigns are listed on the deed to my
father-in-laws house. The father-in-law also has a life estate. I am my husbands
sole beneficiary. If my husband passes before his father, and the deed is not
changed, will I inherit half the house when his father dies?

Asked on May 22, 2019 under Real Estate Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, a wife can be an heir or assign. If you are your husband's sole beneficiary (e.g. of his will; or if there is no will, there are no children who might also inherit with you under instestate succession, or the rules for who gets what when there is no will), then if your husband passes before you, you will inherit his share or interest.

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 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.

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