Legal Question in Real Estate Law in Minnesota
real estate responsibility upon death
My house is in my name only. If I die, does my husband automatically get it? Can my kids take it over? How?
2 Answers from Attorneys
Re: real estate responsibility upon death
This depends on a number of things: whether you have a will and what it says; whether you have minor children; whether your husband chooses to make certain choices he has a statutory right to make; the amount of your other assets; etc.
The only way to assure that your house will pass as you wish is to work with an attorney to prepare an estate plan. Such a plan can be as simple or complicated as your desires and assets require.
Please e-mail me if you have further questions.
Re: real estate responsibility upon death
As lawyers so often say: "It depends". Specifically, is your husband also the father of all your children? Then probably the answer is yes. But, if it bothers you, you can fix it now so that if he survives you he will get the property (if that is what you want), and you can quit worrying about it. The more complicated your wishes, the more it would generally take to set things up the way you want them, but the cost to do so can be as little as about $100.