When I prepare a Will can I include provisions regarding my house which is jointly owned with my wife?
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When I prepare a Will can I include provisions regarding my house which is jointly owned with my wife?
Asked on August 11, 2011 Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can include provisions governing what will happen to the house should your wife predecease you. However, if you predecease her, because she and you jointly own the home, the house will automatically go to her without passing through probate--i.e. it's not an asset of your estate and its disposition is not governed by your will. At that point, when your wife later passes away, the disposition of the home would be governed not by your will by her will--or if she does not have a will, by intestate succession (what happens to property in the event of no will). Your will does not affect assets jointly owned with right of survivorship, like house owned with your spouse.
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