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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


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