When I prepare a Will can I include provisions regarding my house which is jointly owned with my wife?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

When I prepare a Will can I include provisions regarding my house which is jointly owned with my wife?

Asked on August 11, 2011 Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can include provisions governing what will happen to the house should your wife predecease you. However, if you predecease her, because she and you jointly own the home, the house will automatically go to her without passing through probate--i.e. it's not an asset of your estate and its disposition is not governed by your will. At that point, when your wife later passes away, the disposition of the home would be governed not by your will by her will--or if she does not have a will, by intestate succession (what happens to property in the event of no will). Your will does not affect assets jointly owned with right of survivorship, like house owned with your spouse.


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 lock Secured with SHA-256 Encryption