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Spouse confused about home ownership documentation after husband’s death

Ilyce Glink and Samuel J. Tamkin, Tribune Content Agency on

Once you download the document, see if you are named as the person who will receive the property upon the death of your husband. We hope you find the document and it names you. That means that upon his death, you’re the sole owner of the home.

On that same website or with that same government office, while you are looking for the TOD, you can see if there is another deed that put you back as co-owner of the home with your husband. Whether your husband signed a deed putting you into title or signed a TOD to put you in title after his death, the effect would be the same: you’d be the sole owner of the home upon his death.

On the other hand, if you don’t find a TOD, and it appears your husband is the sole owner of the home, then we hope your husband had a will. If his will names you as the heir of his estate, then you can work with a local estate attorney and probate court to have the home put into your name.

If your husband died intestate, or without a will, then the estate laws of the state in which the home is located would control who would own the home after his death. In many cases, the spouse of the deceased would inherit a one-half interest in the home and the deceased’s children would own the other half interest.

It’s complicated, and there’s a lot riding on documentation that may have been signed a long time ago. Unless the right documents pop up easily, and you know for certain that you’re the sole owner of the home, it might be time to get some professional help. Good luck.

 

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(Ilyce Glink is the author of “100 Questions Every First-Time Home Buyer Should Ask” (4th Edition). She is also the CEO of Best Money Moves, a financial wellness technology company. Samuel J. Tamkin is a Chicago-based real estate attorney. Contact Ilyce and Sam through her website, ThinkGlink.com.)

©2024 Ilyce R. Glink and Samuel J. Tamkin. Distributed by Tribune Content Agency, LLC.


 

 

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