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Yes. As long as the will was drafted properly according to state laws the court will approve it and the property will pass to the surviving spouse as long as there are no debts that must be paid by selling the real estate. The estate must be probated in order for title to pass to the surviving spouse legally. The property will be subject to any encumbrances that existed prior to your husband's death such as a mortgage.

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Q: What if your name is not on the deed but your husband left the property to you in his will. Will the property go to you?
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Related questions

What kind of deed do I need to add my husband's name to the property?

quit claim deed


Can your husband use your property as collateral if his name is not on the deed?

Your husband cannot use property as collateral if his name is not on the deed without written permission of the property owner. Some lending institutions will not allow this, even if the law does. In some cases, marital property is automatically considered joint property.


If your husband recently had a home given to him and he would like to have your name added to the deed how do you go about doing that?

your husband can file a quit claim deed for 50% of the property to you.


Your husband owned the property prior to marriage but added your name to the deed. How much do you own?

If you are on the deed to the property you own a one half interest.If you are on the deed to the property you own a one half interest.If you are on the deed to the property you own a one half interest.If you are on the deed to the property you own a one half interest.


If the deceased left his home to a certain person and her name is already on the deed does she just take over the loan?

my aunt left me property in her will, and now I would like to sell the property, but I don't have a clear deed. how do i get a clear deed to the property so that I can sell the property?


Your husband owned a house in North Carolina before you were married But after you married he refinaced it the deed is in your name but the loan is not Do you have a legal right to the house?

If your husband refinanced his home and then conveyed it to you then you are the owner of the property subject to the mortgage. If the mortgage isn't paid the bank can take possession of the property. If your name is on the deed as the grantee then you have a right to the use and possession of the property until you convey your interest to someone else by a quitclaim deed. If your name is on the deed WITH your husband then you own a half interest and have the right to the use and possession of the whole property.


Does a husband have rights to a home if his name is not on the deed?

removing husband from home when name is not on the deed?


How can a husband bar entry of estranged wife from property paid for by him?

If the deed of this property is not in your wife's name and you went to court and the property was solely in you name then you can call the police for your estranged wife trespassing, but, if her name is on the deed and you have not seen a lawyer then she has a right to this property as much as you. I suggest you seek legal counsel.


What if your husband's deceased former partner's name is still on the deed?

If your husband's deceased former partner's name is still on the deed, it may complicate ownership of the property. It's important to review the legal status of the property, consult with a real estate attorney, and proceed according to the laws and guidelines in your jurisdiction to ensure proper ownership rights.


If husband pays off mortgage after you were married but did not put your name in the deed?

Then the husband is the sole owner of the property. Unless it is specifically written in the husbands Will (if he should die) the property belongs to him and him alone.


Where in Johnstown Pennsylvania can you get your ex-husband's name off your house deed?

You can't get someone's name off a deed. He needs to execute a deed voluntarily that transfers his interest in the property to you. You will likely need to buy him out.You can't get someone's name off a deed. He needs to execute a deed voluntarily that transfers his interest in the property to you. You will likely need to buy him out.You can't get someone's name off a deed. He needs to execute a deed voluntarily that transfers his interest in the property to you. You will likely need to buy him out.You can't get someone's name off a deed. He needs to execute a deed voluntarily that transfers his interest in the property to you. You will likely need to buy him out.


What if your husband died and your name is not on deed Can you have your name on deed without opening a estate your name is on the mortgage?

If the property was owned by your husband then his estate must be probated in order for title to pass to his heirs legally. If there was no will the property will pass to his heirs at law under the state laws of intestacy. You can check your state laws at the related question link below.