I am married and own a home in my name only, house is owned free and clear. Can I will the home to someone other than my husband or will he get it when I die whether I will it to someone else or not?
2 Answers from Attorneys
He will not get the house if you give it to someone else, but he will have an interest in your estate which, depending on the amount in your estate, might require sale of the house in spite of your bequest in order to satisy his claim.
If you are separated from your husband, talk to your attorney about this. Do not think that you can merely put someone else in the will and it will be taken care of without more. Talk to your attorney about a trust. There are inheritance rights granted to spouses that you need to know about. But, it's not possible to educate you as to all your rights in a forum like this. Pay the office conference visit. It will be money well spent.