If my husband and I have a joint title of the house, can I still dictate who gets my 1/2 share upon my death?

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If my husband and I have a joint title of the house, can I still dictate who gets my 1/2 share upon my death?

Can I Will my share?

Asked on March 21, 2012 under Estate Planning, Illinois

Answers:

Hong Shen / Roberts Law Group

Answered 8 years ago | Contributor

It really depends on how the title is written. A joint title is rather a vague form. If the title creates a true joint tenance with right of survivorship, then your husband will take it all upon your death. Vice versa. If you want to will away your half of the house, the title must be changed. You should consult an estate planning attorney to help you on that.


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