If my spouse dies does the deeded property go directly to me?

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If my spouse dies does the deeded property go directly to me?

Spouse owns property out of state. We are now in our late 50s and not sure if my name needs to be added to the deed or not.

Asked on January 15, 2012 under Estate Planning, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, if property is not in your name  - you are not on the deed - then it will not pass to you automatically upon his death.  It will have to go through his estate and the probate process.  It is a veyr good idea for you and he to go and speak with an estate planner at this point in time.  If th property was purchased during your marriage then it is marital property.  Good luck. 


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