Legal Question in Wills and Trusts in Massachusetts

If you are listed on the deed as joint tenants with a right of survivorship, then the house will go to you if your husband dies. If you are both parties to the mortgage, the mortgage will also be your sole responsibility. If it is just your husband on the mortgage, then upon his death the whole outstanding balance would become due. Make sure you're both on the deed and mortgage.

You then mention that you have 3 children "between" you. Does this mean that not some of the children are only children of you or your husband? If so, this could present a problem. If all three children were the natural (or adopted) children of both of you, upon your husband's death, you would receive all of his probate assets. But, if one or more of the children are not yours, you will have to split (not equally) the husband's probate assets with the one or more children that are not yours. Your child or children would be entitled to nothing.

A will corrects this. Don't leave anything to chance. Wills can be very simple and can be very inexpensive. I would be happy to assist you and/or your husband. I have flexible hours and offer low flat rates for wills. Please contact me at [email protected] if I can help.