If my fiance and I have a mortgage together but her’s is the only name on the deed, can a Will fully protect me in the event she dies before me?
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If my fiance and I have a mortgage together but her’s is the only name on the deed, can a Will fully protect me in the event she dies before me?
Asked on January 6, 2012 under Estate Planning, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is very smart of you to be worried about this issue in advance because you could indeed be left holding the bag. Wills can always be challenged by members of her family that choose to do so. This property was purchased prior to marriage by who? Both of you? Then why are you not on the deed? Could they say that it was her separate property? Then you have to deal with her intention to make it joint property. But if you are not married it still will not pass to you in its entirety and then we are back to the Will. The best way to proptect your interest here is to have a new deed prepared and have it say "with rights of survivorship" between you. That way should anything happen to either of you there will be no dispute as to intention. Good luck.
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