If property is in the name of a married couple and one of them passed away3 years ago, does the property legally belong to the surviving spouse?
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If property is in the name of a married couple and one of them passed away3 years ago, does the property legally belong to the surviving spouse?
Beginning to probate an estate.
Asked on January 3, 2012 under Estate Planning, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. There are a few questions here that need to be answered before any guidance can be given. First, is this the marital home? What does the deed state? The deed should indicate that the couple held the property as husband and wife. In New York there is a special way that married couples hold property known as tenant by the entirety which assumes that one inherits from the other upon death of either party. In other states the words "with rights of survivorship" also designate this right. If the proeprty was held as a married couple then it should mean that there are rights of survivorship and that the property passed from one to the other on death. Good luck.
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