US Legal Forms
Legal Resources
Questions & Answers
Wills and Estates
How do I ensure that an asset or property is left to my children when I pass?

How do I ensure that an asset or property is left to my children when I pass?

Q: What happens if my husband died and my name is not on the house?

If your husband died and your name is not on the house, your rights depend on the property's ownership status. If it is community property, you may have rights to it. If it is separate property, it may pass to his heirs according to his will or state laws. Consulting an attorney can help you understand your rights and options.

Full question:

I own a house in California which I promised my late husband I would preserve the asset for our children. Now I live in Indiana and want to remarry. Is seperate bookkeeping necessary to preserve the house from being sold by my new husband's heirs when we have both passed on? We would want to have access to the rental income during our lifetime.

Category: Wills and Estates
Date: 04/07/2025
State: Indiana

Answer:

You have several or more options to consider to protect the home, as you desire. Although some of those are mentioned below, there could be others. In final analysis, you should contact a local attorney to help you take the proper steps for your overall situation.

You may be able to deed the property to the children and reserve a life estate for your life which would entitle you to exclusive use, possession and income for your life. Another option would be to convey the property to a trust (there are many types) with you named as beneficiary for your life and thereafter the property could go to the children. You could keep the property and leave the property to your children in your Will (there could be issues here if you remarry and the Will would not take effect until you die and could be lost, etc.).

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

How do you protect your assets when you remarry?

To protect your assets when remarrying, consider creating a prenuptial agreement that specifies ownership and distribution of your assets. You can also place assets in a trust, ensuring they go to your children after your death. Keeping separate accounts and maintaining clear records of your assets can help protect them from claims by your new spouse's heirs. Consulting with a local attorney can provide tailored advice for your situation.

What are my rights if my name is not on a deed?

If your name is not on a deed, your rights to the property may be limited. Generally, the person whose name is on the deed has legal ownership. However, you may have rights if you can prove you contributed to the property or if there was an agreement regarding ownership. It's advisable to consult an attorney to explore your options and rights based on your specific circumstances.

When a spouse dies who gets the house in California?

In California, if a spouse dies and the house is community property, the surviving spouse typically retains ownership. If the house is separate property, it may go to the deceased spouse's heirs as specified in their will. If there is no will, California's intestate succession laws will determine how the property is distributed. Consulting with an attorney can clarify your rights in this situation.

Do I have rights to my husband's house?

Your rights to your husband's house depend on how the property is titled and whether it is community or separate property. If it is community property, you generally have rights to it. If it is separate property, your rights may be limited unless you can prove contributions or agreements regarding ownership. Legal advice can help clarify your specific rights.

What happens if my husband died and my name is not on the house?

How do I keep my house in the family after death?

To keep your house in the family after death, consider placing it in a trust, which allows you to designate beneficiaries while avoiding probate. You can also deed the property to your children while retaining a life estate, ensuring you maintain use and income during your lifetime. A well-drafted will can also specify your wishes for the property. Consulting an attorney can help you choose the best approach.