Legal Question in Wills and Trusts in Maryland
Wills
My husband has 2 children, 17 & 21, one lived with us for one year. The house that we live in is in my husbands name as well as his 2 children. He says that my name doesnt need to be on the house becuase if he dies it will go to me and not the children. This doesnt sound right to me. Please advise
1 Answer from Attorneys
Re: Wills
It depends on the type of joint estate your husband and his children hold in the house. If they enjoy survivorship rights ("joint tenants with right of survivorship"), then the interest your husband holds will be extinguished at his death and the house will belong to the children alone by operation of law.
If they hold title as "tenants in common" then your husband's undivided 1/3 interest in the house -- and that interest alone -- could be passed by will or through intestate succession to you. That is, you could take his 1/3 interest, but the children would each continue to enjoy their own interest in the property.
It would be advisable to discuss this with an estate planning attorney to determine if the current arrangement is consistent with your husband's intentions.
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