my mom had a will drawn up after she was married. now her and her spouse have a house together but the house is not in the will. is the original will any good without the house being put into the will?
2006-07-29 03:08:22 · 4 answers · asked by p-lane 2 in Family & Relationships ➔ Other - Family & Relationships
Yes the original will would still be good, it just would not have the house on it, every thing else would stay the same.
The house on the other hand, was bought after they were married and therefore was purchased as Tenancy by the Entirety, unless otherwise noted on the deed.
If in fact the deed is written as Tenancy by the Entirety. The house will in fact be owned by the surviving spouse, even if, for example you mom had in the will that you were the devisee to the house upon her death.Now lets say that your mother and her spouse perish together and there wasn't any mention in the will about the house, you (or anyone else who might have an interest in the property) will need to have an attorney start probate proceedings which will determine the rightful heirs to the property.
These examples are only if the deed states Tenancy in the Entirety. Any other form of ownership on the deed will have different outcomes based on the type of ownership held.
I don't know where they other comments got there information, but Tenants in common are looked at as 2 separate entities who have co-ownership to the property but could sell or will their division of the property with out the others consent, and is not how married persons normal purchase homes together.
Best advise is to seek an attorney for the real answers and advice. An attorney should probably be able to amend the old will.
2006-07-29 03:55:36 · answer #1 · answered by reighngstar 2 · 14⤊ 2⤋
They probably bought the house in joint tenancy, in which case if one spouse dies the other automatically inherits the house without going through probate. If both spouses die, then likely the disposition of the house as an asset will have to go through probate.
It also depends on the laws of the state in which they reside.
2006-07-29 10:16:13 · answer #2 · answered by Nefertiti 5 · 0⤊ 0⤋
NO. A will has to be ironclad nowadays. I suppose that the house is in joint tenancy - so one would automatically inherit from the other, but that has nothing to do with kids. The last will is the only one that counts. Sounds screwy to me - and I've had unfortunate experiences with wills not being drawn up properly - so maybe you could talk to your mom about what her intentions are.
2006-07-29 10:17:12 · answer #3 · answered by theophilus 5 · 0⤊ 0⤋
yea, write one out and leave me everything...lol
2006-07-29 10:17:17 · answer #4 · answered by Praise the Lord 5 · 0⤊ 0⤋