What is the inheritance rights for a non surviving spouse whose name is still on a title to a home. Can her estate make a claim

Question

What is the inheritance rights for a non surviving spouse whose name is still on a title to a home. Can her estate make a claim

Answer

Even though both names are on the title, the exact wording of the deed and how the property is "held" determines whether or not the estate of a non-surviving spouse has any legitimate legal interest in the house. If the property is held in tenancy by the entirety or joint tenancy, as many properties owned by spouses are, then once the first spouse dies the property transfers to the surviving spouse because that spouse has "rights of survivorship."

If the property was held as tenants in common then the non-surviving spouse's estate may have a legitimate legal interest of ownership in the house and will be able to exercise its rights of ownership.

I hope this has helped to answer your question. If you have any other questions please feel welcome to contact me.

Be well,

Robert