If my fiance and I have a mortgage together but her’s is the only name on the deed, can a Will fully protect me in the event she dies before me?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my fiance and I have a mortgage together but her’s is the only name on the deed, can a Will fully protect me in the event she dies before me?

Asked on January 6, 2012 under Estate Planning, New York

Answers:

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

Answered 9 years ago | Contributor

It is very smart of you to be worried about this issue in advance because you could indeed be left holding the bag.  Wills can always be challenged by members of her family that choose to do so.  This property was purchased prior to marriage by who?  Both of you?  Then why are you not on the deed?  Could they say that it was her separate property? Then you have to deal with her intention to make it joint property.  But if you are not married it still will not pass to you in its entirety and then we are back to the Will.  The best way to proptect your interest here is to have a new deed prepared and have it say "with rights of survivorship" between you.  That way should anything happen to either of you there will be no dispute as to intention. 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