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I just want to know if my husband should pass away and he has willed his house to his daughter will I be able to get it

Colchester, CT |

We have been married for 2 years and he said he was going to change it to my name but that it wouldn't make any difference because i am his wife and i will get it

Attorney Answers 3

Posted

The Will only matters if the house is titled in your husband's name alone. Even if the Will applies, you may have certain rights under CT law. I would look into this, now, however, because you do not want to have a fight or an uncomfortable standoff with the daughter. Even if you are legally right, it could still cost you time, money and aggravation that could easily be avoided, if the estate plan is properly set up.

James Frederick

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Posted

Attorney Frederick is correct in that you should address this issue with you husband now not later. Connecticut law provideds that if your husband fails to provide for you under his Will that was executed before teh marriage that you will receive the same share of the estate the you would have received if he had left no will unless: (1) It appears from the will that the omission was intentional. This means that you could have a fight with the daughter in probate court. If you win the most you would be entitled to is one-half of the estate. This obviously could be more than or less than the house. This assumes that daughter is not on the deed with him as a co-owner with rights of survivorship. If that is the case, the daughter gets the house and you lose.

You would be wise to encourage your husband to see an attorney to make sure that his and your wishes in this regard are infact met. If he refuses then ....

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Posted

I agree with both attorneys. NOW is the time to discuss your rights with an experienced estate planning attorney. For example, here in Oregon, the spouse gets 25% of the deceased's probate estate REGARDLESS what the will says. BUT if your husband puts the daughter's name on the deed, she will become the SOLE owner after he passes away.

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