Legal Question in Wills and Trusts in Maryland
If my spouse and I share a house together, can he will a portion of the house upon is death to his daughter without my consent?
Asked on 8/24/10, 11:34 am
1 Answer from Attorneys
Sean T. Morris
Law Office of Sean T. Morris
It depends on how the house is titled. If the property is titled in both your and your husband's name, there is a presumption that it is held as a "tenancy by the entirety" which includes a right of survivorship. In such cases, neither spouse can convey his share of the property to his heirs upon his death, the other spouse automatically inherits. I hope this makes sense; feel free to email me ([email protected]) with any questions.
Answered on 8/29/10, 11:57 am