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rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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IF I MY PARENTS LEFT ME A HOME DOES MY HUSBAND OWN PART OF ...

Resolved Question:

IF I MY PARENTS LEFT ME A HOME DOES MY HUSBAND OWN PART OF THAT HOME IN OHIO AND IF SO IF HE DIES WILL MY STEP CHILDREN BE INTITLED TO ANY OF HIS HALF?
Submitted: 8 years ago.
Category: Legal
Expert:  rvlaw replied 8 years ago.

Hi,

It depends on what you do with the home. If you keep it as separate property, you can do whatever you want with it in your will. If you put the title in your name and your husband's...with right of survivorship implied by law because you are married...then on your death, title automatically vests in him and visa versa. Assuming you die first and he gets the house, there is no guarantee that he will give the house to your children. It would be his to dispose of as he sees fit. Alternative: when you get the house, give your husband along with you a life estate....continue the life estate after your death in favor of your husband, then leave what we call the remainder interest (ultimate title) to your children after he dies.

Rich

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