If my parents are married but only my father’s name is on the house will my mother automatically get the house if my father passes first?

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If my parents are married but only my father’s name is on the house will my mother automatically get the house if my father passes first?

Asked on January 17, 2015 under Estate Planning, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Typically, in either community property state or non-community property state, a husband and wife own their marital home as "joint tenants" or as "tenants by the entirety". This means that when one pouse dies, the other spouse becomes vested with 100% title to the property. At this point, to be sure of your mother's rights, you may want to have a local attroney review the deed to the house, as well as other docments relating to other assets. They then can best explain things to her.


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