Can my husband’s son take my home if my husband passes away?

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Can my husband’s son take my home if my husband passes away?

My husband has a Will in place from 3 years ago. He refinanced our home about 5 years ago and we still reside there; I am currently paying the bank our mortgage. My husband and I have been married for 12 years. I need to know if my husband passed away, can his son legally remove me from our home?

Asked on March 29, 2012 under Estate Planning, Alabama

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

You should see an estates attorney.  If the house is titled jointly it passes to you automatically at his death.  If it is titled otherwise his will should provide for at least a life estate to you and then the remainder to his son.  Get involved and be proactive here.  Get an estates attorney immediately to do estate planning.

For more on this area, see Estate Planning Mistakes: 5 Not So Easy Pieces at http://www.sjfpc.com/estate_planning_drafting_wills_trusts.html

 

 

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

Answered 9 years ago | Contributor

You are doing a little estate planning here.  You say that your husband has a Will.  Do you?  You should also consider it.  Now, if the house you live in is held by both of you as husband and wife (generally tenants by the entirety or joint tenants with rights of survivorship) then the property passes from him to you automatically upon his death.  Same goes for you.  Good luck. 


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