When 2 people marry and 1 of them owns a house, if the person who owns the house passes away does the house automatically go to the new spouse?
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When 2 people marry and 1 of them owns a house, if the person who owns the house passes away does the house automatically go to the new spouse?
There is no stipulation about it in the Will.
Asked on July 14, 2014 under Estate Planning, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I am so sorry for your loss. No, it does not. Only assets that are jointly held pass automatically at the time of death. If you were on the deed then yes. If you were not then the house is part of the probate estate of your wife. Please speak with an attorney about what is called your "elective share" in Ohio. The surviving spouse can elect to take the share he or she would be entitled to if the decedent had died without a Will, in lieu of provisions under the Will. (Section 2106.01) The election must be made in person and be made within 1 month after notice is given by the court. Good luck.
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