Deed vs. Will

My mother is remarried and says that she has us sons listed on her will as the beneficiaries of the original family home. However, her new husband is on the deed. If she were to pass first, would the will leave the house to the kids, or would the deed rule and the house automatically pass to the husband?

This is in NJ.
Thanks! N.J.

HOW do they hold title? Joint tenants or Tenants in common? If TIC, she can will the half she owns.

if he is on the deed as joint owner(joint tenancy), he would then become full owner with nothing to you. If he is on the deed as tenant in common, then your mom could direct where her interest in her house would go but that would not remove her husbands interest in the house. You would become co-owners.

The situation you describe is the result of poor estate planning. Unfortunately, it is a common mistake. To carry the situation further(TIC), you might end up co-owners with new husband's children when new husband dies.

Your (mother's) situation is different than what is now expected (by you and her). Worst case scenario, and very possible, is that mother dies first, husband becomes sole owner. Then husband dies and husband's family inherits "original family home".

Deed Vs. Will

Thank you for all the responses. I will see if she will share if he is listed as joint tenant. The concern is as stated by Curb1 which is not her intent, but if not done properly, could be the result. Thanks again!