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CindiWass

Deed in wife's name

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The deed to our condo is in my name only, but it is filed jointly on the county property appraiser's website. I am attempting to draw up a will, but apparently there is a problematic situation here. I don't know why or how this happened. I inherited the condo from my parents. My question is: if I die before my husband, will he automatically inherit the condo since the county evidently has it in his name as well as mine, or do I have to change the deed to list both names?

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The tax assessors listing is irrelevant.  Whether or not your husband inherits the property depends on whether it is left to him by will or he inherits it if you have no will.  The latter depends on the state where you live and whether you have children.  The state where you live may be critical and you have not identified it.

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57 minutes ago, CindiWass said:

it is filed jointly on the county property appraiser's website

 

Not really sure what this means given your statement that title is in your name only.  You also didn't identify your state, but it's unlikely that how something is listed "on the county property appraiser's website" is of any legal significance.

 

 

57 minutes ago, CindiWass said:

I am attempting to draw up a will, but apparently there is a problematic situation here. I don't know why or how this happened.

 

And what is this "problematic situation"?

 

 

57 minutes ago, CindiWass said:

if I die before my husband, will he automatically inherit the condo since the county evidently has it in his name as well as mine, or do I have to change the deed to list both names?

 

All of this depends in part on the laws of your unidentified state, but I can't imagine any state in which you'd have an obligation to "change the deed."  Note that you can't actually change the deed.  If you wanted to add your husband's name to the title, you would execute a new deed that transfers ownership from you to the both of you.  Nor am I aware of any state in which your husband would "automatically inherit the condo," especially if execute a will that says otherwise.  Keep in mind that, even when a piece of real property is separate or non-marital property (as is at least initially the case when one spouse inherits the property), the other spouse may acquire a marital or community interest in the property as a result of the use of community/marital funds in connection with the property.  You should consult with an estate planning attorney to ensure that your wishes are followed to the greatest extent possible.

 

P.S. After 40 posts here, you ought to know by now that identifying your state is important.

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20 minutes ago, pg1067 said:

 

Not really sure what this means given your statement that title is in your name only.  You also didn't identify your state, but it's unlikely that how something is listed "on the county property appraiser's website" is of any legal significance.

 

 

 

And what is this "problematic situation"?

 

 

 

All of this depends in part on the laws of your unidentified state, but I can't imagine any state in which you'd have an obligation to "change the deed."  Note that you can't actually change the deed.  If you wanted to add your husband's name to the title, you would execute a new deed that transfers ownership from you to the both of you.  Nor am I aware of any state in which your husband would "automatically inherit the condo," especially if execute a will that says otherwise.  Keep in mind that, even when a piece of real property is separate or non-marital property (as is at least initially the case when one spouse inherits the property), the other spouse may acquire a marital or community interest in the property as a result of the use of community/marital funds in connection with the property.  You should consult with an estate planning attorney to ensure that your wishes are followed to the greatest extent possible.

 

P.S. After 40 posts here, you ought to know by now that identifying your state is important.

True, I forgot. Sorry. I am drawing up the will in Florida, but we have legal residence now in PA. The condo is in Florida. The lawyer's secretary was nice enough to look it up on the website, then she said something about the deed. Which confused her. But the lawyer was out and so she will get back to me. I am glad this lawyer is so particular about details. I just wanted to know on the board, thanks.

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27 minutes ago, RetiredinVA said:

The tax assessors listing is irrelevant.  Whether or not your husband inherits the property depends on whether it is left to him by will or he inherits it if you have no will.  The latter depends on the state where you live and whether you have children.  The state where you live may be critical and you have not identified it.

Right. The condo is in Florida, but we legally reside in Pennsylvania. We have no children. We're in Florida right now and want to make sure loose ends are tied up as much as possible with a will. Thanks for answering.

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