How do I get real estate in my name if it was owned by my husband?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I get real estate in my name if it was owned by my husband?

My husband bought a vacation home 11 years ago and 2 years later he wrote his Will leaving all his property to me and designating me as his representative. Then 7 years ago we married. My name was never put on the mortgage deed but last month he put me on the mortgage account so I could pay bills/speak to the mortgage company on his behalf. Last week he passed away. Do I have to count the property as part of probate or is it already jointly owned? If I have to put in a quitclaim form to get my name on the deed, can I represent and sign forms on his behalf?

Asked on June 24, 2015 under Estate Planning, Maine

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  If there was never a deed filed listing you as owners (and husband and wife have the words "with rights of survivorship" next to their names) then the property is not jointly owned under the law and you will have to go through probate.  You can not sign any legal document until you are appointed as executor of the estate.  Then you will sign an executor's deed.  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