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Estate/Real Estate Question

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paralegalat

Junior Member
What is the name of your state (only U.S. law)? NJ
An unmarried woman makes a will that leaves everything to her only daughter.
The Deed to her house is in her and her daughters name. She then gets married but does not change the Will or Deed. Is the current husband entited to any part of the house?
 


Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)? NJ
An unmarried woman makes a will that leaves everything to her only daughter.
The Deed to her house is in her and her daughters name. She then gets married but does not change the Will or Deed. Is the current husband entited to any part of the house?
It depends on how mother and daughter hold the house. If they are joint tenants with right of survivorship, daughter gets the house if mom passes first.

If tenants in common, mom's interest passes through descent and distribution.
 

FlyingRon

Senior Member
It depends on how mother and daughter hold the house. If they are joint tenants with right of survivorship, daughter gets the house if mom passes first.

If tenants in common, mom's interest passes through descent and distribution.
Descent and distribution doesn't apply if the will dictates what happens.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? NJ
An unmarried woman makes a will that leaves everything to her only daughter.
The Deed to her house is in her and her daughters name. She then gets married but does not change the Will or Deed. Is the current husband entited to any part of the house?
**A: is this for homework? If so are you supposed to to see if dower/curtesy rights apply?
 

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