Legal Question in Wills and Trusts in North Carolina
If our house is only in my husbands name if he should die what would happen. We have two children.
Asked on 5/21/10, 12:14 pm
2 Answers from Attorneys
Cheryl David
Law Offices of Cheryl David
Please draft wills. If your husband passes away before a will is executed the house would belong to you and your children.
Answered on 5/25/10, 11:30 am
Jeff Rosner
Rosner Law Firm P.A.
The house would belong to you and your children. It would be fairly messy. Besides drafting wills which would be a good idea, you might also want to think about transferring the house into both your names (if your husband is amenable). It provides protection for your husband against creditors if he should be sued and it will automatically be conveyed to the spouse if one spouse dies. Of course there might be reasons why he would not want to do that which is why he should consult with an attorney.
- Jeff
Answered on 5/25/10, 11:35 am