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Death of a spouse and property

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smithsjim

Junior Member
What is the name of your state? New Jersey
My wife died and included in her will that she wanted to leave half of the value of the house to my children. is this legal or is this just a wish since the house was in both our names? I always assumed that property went the surviving spouse.
 


rowz

Member
you may be right, you may be wrong.

On your deed, how do the names appear exactly.

Oh....and what does your lawyer say?
 

nextwife

Senior Member
If the house is owned in a joint tenancy that would make the property yours at her death, she cannot control the house through her will. The will ONLY applies to assets that would be subject to probate. So, the answer lies in how you held the home between you both.
 

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