Can my husband's children claim property if he dies?

Full question:

I got married to a man who has 3 children from his previous marriage. Now they are older than 25 and my husband and I are paying for a house and have two young children. The deed is in his name. I would like to know if in case he dies, can his first's marriage children claim some property of the house? What is the best way to assure I will have the property of this house?

Answer:

Yes, a husband can leave his property to his children in various ways, such as through a will or a deed. As his spouse, you have options to secure ownership of the property after his death. These options include:

  • A bequest in a will, which can be changed by a later will.
  • Establishing a trust.
  • Transferring ownership through a deed.

For instance, if the property is titled in both your names as tenants by the entirety with right of survivorship, you would automatically own the entire property upon his death, and it would not go through probate.

Each option has different costs and tax implications. It's advisable to consult a local attorney who can review your specific situation and documents.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, children from a previous marriage can be entitled to inheritance, depending on the deceased's estate plan. If the deceased did not leave a will or trust specifying otherwise, the children may have a legal right to a portion of the estate under state intestacy laws. However, a will can override these rights if the deceased clearly states their intentions regarding property distribution.