Inheritance Rights of a Spouse Who is Not On a Home Deed
A couple in Massachusetts has been married for eight years, and lives in a home that was owned by the husband before they married. The title is solely in the husband's name. What are the wife's inheritance rights to the home if he passes away before her?
Re: Inheritance Rights of a Spouse Who is Not On a Home Deed
Assuming that there is no will? If the husband is the sole owner of the property, the property would normally be distributed according to the laws of intestacy.
Quote:
Quoting Chapter 198B MGL Sec. 2-102. Share of Spouse
The intestate share of a decedent's surviving spouse is:
(1) the entire intestate estate if:
(i) no descendant or parent of the decedent survives the decedent; or
(ii) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;
(2) the first $200,000, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;
(3) the first $100,000 plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent;
(4) the first $100,000 plus 1/2 of any balance of the intestate estate, if 1 or more of the decedent's surviving descendants are not descendants of the surviving spouse.
There may be other laws that give her the right to claim a life estate in the home, although it's not clear that Massachusetts' elective share laws apply to intestate estates. If there is a will and the wife receives less than she would receive through her elective share, she can consider that option.
It's best to have a mutually acceptable estate plan. If the intent is for the wife to receive 100% of the property, it would make sense to add her to the deed as a joint tenants or tenants by the entirety. An estate planning lawyer can advise on the details.