what do i need to protect myself in the event my wife passes and i am in her home

UPDATED: Oct 1, 2022

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what do i need to protect myself in the event my wife passes and i am in her home

I sold my home, got married and we live in my wifes home which will be paid off
in 6 months. Does she need to sign anything to insure i get to stay in the home
if something happens to her ?

Asked on January 7, 2019 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

She should ideally put you on the deed, but she can only do that if there is no mortgage, HELOC, etc. on it: you can't transfer an interest in a home, even to a spouse, if there is mortgage or lien on it.
She could alternatively--it's not as good, but it's a reasonable alternative--will the home to you and make you executor of her will, so you have control over the home (as part of her "estate") even while it is in probate. That way you will get title to the home after probate, and the meantime, as executor, have power over the home and so can reside in it, maintain it, etc.

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