Legal Question in Wills and Trusts in Massachusetts
Husband Has No Will & Wife is Not Listed on Deed
Hello,
I have known my husband for 18 years. We have lived together for several of those years and then got married. We have now been married for three years. He owns the home we currently live in and pays a mortgage. I am not listed on the deed nor on the mortgage. He also has three children from a previous marriage (all over age 30). He is somewhat estranged from them. I am afraid that if he should die without a will and without my name on the mortgage or deed, that I would only inherit half of the home and that his children would inherit the rest. I have told my husband my concerns and he said that if he has a will and lists me as the beneficiary that that would be enough. I don't believe this. Please tell me what is correct and what should be done to guarantee that I would receive the home or other assets in full should he die.
Thank you.
1 Answer from Attorneys
Re: Husband Has No Will & Wife is Not Listed on Deed
Your husband either has to record a deed to the home in both yours and his name as Tenants by the Entireties or Execute a Will leaving you the home etc.
He should do both. In fact you both should have Wills, Durable Powers of Attorney and Health Proxies.
If I can be of assistance, please do not hesitate to contact me.
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