Property bought during marriage. My name is not on deed: Is it default TE or a TIC? How can my son (not his) inherit?

Spouse purchased property during our marriage but my name was not on the deed or mortgage.

The only thing I care about is that my son has a place to live if I’m not around, that he inherits half. I think that tenancy by entirety means spouse gets 100%, son 0%? Is that what the deed currently is by default?

Does a TIC allow my son to get 50%? Is there some way to make sure son gets 50%?

ANSWER BY MARGARET CROSS-BELIVEAU:

Property owned individually doesn’t automatically revert to a spouse if the individual dies.  Even if you own it by tenants by the entirety or joint tenants, and you die first, ownership would go to your husband.  He could add you onto the deed as a tenant in common.  Your portion would go through probate at your death so you will need a will.  A spouse can elect against a will to claim certain rights, so make sure to see an estate planning attorney.

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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration and estate planning attorneys at the Beliveau Law Group provide legal services for estate planning, probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

 

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