If I will property that I owned prior to being married to my daughter, what happens if my husband and I die at the same time?
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If I will property that I owned prior to being married to my daughter, what happens if my husband and I die at the same time?
Asked on September 1, 2014 under Estate Planning, South Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Ok you are doing a little estate planning and that is great. But there are so many questions about the property and such that I can not ask you and so it is hard to help guide you. Generally, if the property was your prior to your marriage then it is separate and not marital and you can give it to whom you wish unless your husband objects at probate. He may say that the assets value increase since the marriage was actively because of him, etc. Now the issue with who dies first may not matter is the asset is in your name only (should you die first) and you have a Will. If he dies first obviously it dies not matter. Sometimes when there are joint wills or both have wills the will states something about who will be considered to have died first should they die at the same time. I think you should speak with an estate planner. Maybe consider transferring the asset to your daughter now or place it in trust or as a joint tenant with rights of survivorship. But find out all the tax ramifications etc. Good luck.
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