I ran into a situation recently with one of my clients when her husband passed away. In the process of going through their estate, she discovered that he was the only name on the deed of their house. Unfortunately for her, that meant that the estate had to go through probate. What happens when the surviving spouse is not on the deed, and laws of inheritance are the topic of today’s blog.
Laws of Inheritance
If the surviving spouse is not on the deed to their house, the property typically passes through probate, which may include heirs other than the surviving spouse! That may mean unintentional disinheritance of the surviving spouse, with that spouse being left with rights to receive a possibly smaller share of other assets, but probably not the house. If the living spouse was in the will though, then a transfer of title may happen instead. If this is not the case, as with my recent interaction, assets in the estate go through the probate process.
That is why it is ideal in the laws of inheritance to have both spouses on the deed to any property, whether it is a primary residence or a vacation property. It is also important to have the deed properly recorded!
Don’t Let State Law Determine Who is Entitled to the Home