we lived together for 4 yrs. now married, all property in husbands name, if he dies who gets property. has grown children
1 Answer from Attorneys
Re: property rights
Who "gets" your husband's "separate" property depends upon several factors, which include but are not limited to:
1) The terms of a Will or Trust.
2) Purchase date of the property.
3) Source of funds for purchase, acquisition and maintenance of property.
4) Whether property was purchased during a prior marriage with adult children's mother.
5) Whether property can be described as "heirship" property.
6) Whether there are any written agreements, court orders or other documents concerning ownership or beneficial owner/s of the property.
7) Whether husband's "separate" (owned premarriage) property" was been "commingled" with your "marital" property.