Key Takeaways
- What happens to your home depends on how the title is held and what your plan says.
- Without clear instructions, a home may go through probate before it can be transferred or sold.
- Reviewing your deed and your plan together helps avoid surprises.
01It starts with the title
How your home is owned matters. Property titled with a valid right of survivorship may pass outside probate — the result depends on the deed, the ownership structure, and state law. A home owned in one name usually follows the instructions in a will — or state law if there isn't one — and those assets may require probate.
02Common paths a home can take
A surviving spouse's rights depend on the deed, the form of ownership, the estate plan, and applicable state law. Children may inherit the home and decide to keep or sell it. If there's a mortgage, the loan still needs to be handled, which is one reason families consider how payments would be covered.
Without a plan, the court may need to appoint someone to make these decisions — which takes time during an already difficult season.
03Questions worth asking
Whose name is on the deed? Does anyone know your wishes for the home? Would your family be able to cover the mortgage and upkeep during a transition? These are exactly the kinds of questions a Legacy Review conversation can help you organize.
Have questions about your situation?
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SCHEDULE A LEGACY REVIEWThis article is educational only and is not legal, tax, investment, or financial advice. Estate-planning documents and legal advice should be provided by a qualified attorney.