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Yes it is highly possible.

1. If you make no will, your husband will most likely be considered your legal heir under state law (you must check and see -- sometimes husbands get 100% but if there are children sometimes only part and the children get the rest).

2. If you make a will you can certainly give it to him as his inheritance. If you don't give it to him in your will and he doesn't like the will, he may be able to reject your will (most states allow this following old common law rules and you need to check state laws as to exactly how) and then it can revert to the situation in #1 above like there was no will as far as his inheritance is concerned.

3. If you make a "pre-nuptial" agreement (BEFORE marriage) that excludes this from his inheritance or put it into a trust for the benefit of people other than him (like your parents or children from a prior marriage as examples), then depending on the validity and continuing validity of the agreement or trust under applicable state law, your husband may not be able to "reach" this property or inherit it. You should see a family law and/or wills and trusts attorney to set up something like this. Part of setting it up should include full disclosure to your prospective/new husband, especially if the property is intended to be the marital home and/or you two will be sharing in its costs and upkeep (mortgage, taxes, insurance, repairs, utilities, etc.).

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15y ago

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