Legal Question in Real Estate Law in Massachusetts

I have been married for eight years husband owns the house before we got married now if he dies do I get the house but my name is not on the deed.


Asked on 12/20/16, 4:51 am

1 Answer from Attorneys

Alan Pransky Law Office of Alan J. Pransky

There are a number of possible ways that a house can pass after a person dies. Real estate can pass by virtue of a right contained in a deed. This could be a remainder estate, a right of survivorship, or other interest. Real estate can pass by a will. Your husband can direct that the property pass to anybody he chooses. If he has no will, then when he dies, real estate can pass by a right of intestacy. Depending on the family structure, you could get the entire house or a portion of the house upon his death. You and your husband should create an estate plan for your deaths and consult a lawyer who can help by creating the documents to carry out your wishes.

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Answered on 12/21/16, 8:22 am


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