If you have land in your name prior to marriage will it automatically go to the spouse upon death or do you need to have new deeds?

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If you have land in your name prior to marriage will it automatically go to the spouse upon death or do you need to have new deeds?

In AL.

Asked on June 22, 2011 under Estate Planning, Alabama

Answers:

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

Answered 9 years ago | Contributor

If the property is not in the name of your wife it is separate property and it in thus not held with "rights of survivorship" it will pas in to your estate rather than to her automatically upon your death.  If it is in your Last Will and Testament that she inherit t upon your death it will then ass through probate and to her rather than in to probate and divided amongst the beneficiaries if not specifically bequeathed (given to someone).  I think that it is so smart to think about these things ahead of time.  Seek help from a qualified estate planner in your area.  He or she can help you set up a plan that will reflect what you want to happen to your assets upon your death.Good luck.


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