If property is in the name of a married couple and one of them passed away3 years ago, does the property legally belong to the surviving spouse?

Get Legal Help Today

 Secured with SHA-256 Encryption

If property is in the name of a married couple and one of them passed away3 years ago, does the property legally belong to the surviving spouse?

Beginning to probate an estate.

Asked on January 3, 2012 under Estate Planning, Virginia

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  There are a few questions here that need to be answered before any guidance can be given.  First, is this the marital home?  What does the deed state?  The deed should indicate that the couple held the property as husband and wife.  In New York there is a special way that married couples hold property known as tenant by the entirety which assumes that one inherits from the other upon death of either party.  In other states the words "with rights of survivorship" also designate this right.  If the proeprty was held as a married couple then it should mean that there are rights of survivorship and that the property passed from one to the other on death.  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