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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3822
Experience:  30 years of experience
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If you own a home with your husband as joint tenants. and he

Customer Question

If you own a home with your husband as joint tenants. and he passes away is his half of the house considered his asset or does his half automatically pass to the wife upon his decease
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas but the will was written in Illinois
JA: Has anything been filed or reported?
Customer: yes the will was probated
JA: Anything else you want the lawyer to know before I connect you?
Customer: mo
Submitted: 5 months ago.
Category: Legal
Expert:  Gerald, Esq replied 5 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 5 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

When a Husband and Wife own real estate in Joint Tenenacy it is considered Joint Tenenacy by the Entireties. This legal term means that each of you own an undivided whole in the proeprty. In plain English this means that when one spouse passes away the surviving spouse automatically owns the real estate completely and soley (subject to any mortgages of course).

It does not matter whether there is a Will or not because the property already belongs to the spouse and it does NOT pass through the estate or throguh probate.

See:

http://www.nolo.com/legal-encyclopedia/how-take-title-joint-tenancy.html

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.