Married and spouse name not on house deed
If my spouse dies and my name is not on the house deed do I get the house or does it only get disbursed only amongst his children and what if he has a will can it be probated if i am not in the will.
Re: Married and spouse name not on house deed
It all depends on whether your spouse dies with or without a will. If your spouse dies without a will, the law says that you get the first $50,000 plus one-half the balance of the estate and the remainder goes to the children. The value of the house would be included in that calculation. If your spouse dies with a will, then that document would dictate how the estate is distributed. Bear in mind that in New York one cannot disinherit a spouse.
Re: Married and spouse name not on house deed
It all depends on whether your spouse dies with or without a will. If your spouse dies without a will, the law says that you get the first $50,000 plus one-half the balance of the estate and the remainder goes to the children. The value of the house would be included in that calculation. If your spouse dies with a will, then that document would dictate how the estate is distributed. Bear in mind that in New York one cannot disinherit a spouse.
