You and your spouse may have spent years together in the same house. But this does not place them at an advantage for inheriting it upon your passing. This is especially true if their name is not alongside yours in the deed. Follow along to find out what happens if your surviving spouse’s name is not on the deed and how a proficient Putnam County estate planning attorney at the Law Office of Andres D. Gil, PLLC can help you avoid any estate administration complications.
What happens if my surviving spouse’s name is not on the deed for my house?
In a sense, if your surviving spouse’s name is not on the deed for your house, then it is a free game. Meaning, ownership will not automatically pass to them upon your death. Rather, the New York surrogate’s court will reference your will. If your will names someone else as the beneficiary of your house, then your executor will allocate it to them.
But if you ultimately die without executing a valid will, then your house will have to pass through intestate succession. Or if you forget to include designations for your house in your will, then it will also have to undergo intestate succession.
What are the chances that my surviving spouse will inherit my house in intestate succession?
Essentially, with New York State’s intestacy laws, your relatives who have survived you will impact your spouse’s chances of inheriting your house upon your passing. Below are examples of how different family dynamics will play out in intestate succession:
- If you have a surviving spouse and no surviving children:
- Your spouse will inherit your house.
- If you have a surviving child but not a surviving spouse:
- Your child will inherit your house.
- If you have surviving children and not a surviving spouse:
- Your children will split your house and other assets evenly.
- If you have both a surviving spouse and a surviving child:
- Your spouse will inherit the first $50,000 of your estate plus half the balance.
- Your child will take the remaining balance.
- If you have both a surviving spouse and surviving children:
- Your spouse will inherit the first $50,000 of your estate plus half the balance.
- Your children will split the remaining balance evenly.
- If you have surviving parents and no surviving spouse or children:
- Your parents will inherit your house.
- If you have a surviving sibling and no surviving spouse, children, or parents:
- Your siblings will inherit your house.
If you wish to better your spouse’s opportunity to inherit your house, there is no time like the present to kickstart your will. So reach out to a talented Putnam County estate planning attorney at the Law Office of Andres D. Gil, PLLC today.