Is my sister’s house mine or her husband’s

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Is my sister’s house mine or her husband’s

My sister willed all her possessions to me before she got married. She added her
husband to her house after marriage. Is the house mine or his? A new will was
never done after marriage.

Asked on May 6, 2017 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is his if he was "added to the house after their marriage." When spouse 1 adds spouse 2 to real estate that spouse 1 owns, spouse 2 is almost always added as a "joint tenant" or "joint tenant with right of survivorship," which means that when one of the spouses passes away, the home becomes the sole property of the surviving spouse/joint tenant. The will would not matter, since the home is not part of her estate: it would have become his automatically on her passing.


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