Can ITOD my home to my wife when I die?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can ITOD my home to my wife when I die?

I want to give my wife my home when I die.

Asked on June 22, 2011 under Estate Planning, Arkansas

Answers:

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

Answered 10 years ago | Contributor

I applaud your planning ahead of time but unfortunately that is not how the transfer of title to real property is done when a person dies.  They are either left the property in a Will or the property can be transferred to a trust and then name the person the beneficiary of the trust.  But the simplest easy to have real property transfer from husband to wife and vice versa on death is to have a deed that names both the husband and wife as owners of the property with "rights of survivorship."  Then it passes automatically from one to the other in the death of one of the parties.  Please seek some help in your area.  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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption