For married individuals, the home is generally owned as Tenancy by the Entirety which means that both, husband and wife, own the whole. When one spoues passes the entire property will belong to the surviving spouse.
The real estate therefore passes via the joint ownership known as Tenancy by the Entirety. It does not pass via provisions provided in ones Will. Only upon the death of the second spouse, if the home is still owned and the deed has not been changed, does the real estate pass under the terms of the Will.
Contact us at www.ythlaw.com should you have any questions on Estate Planning, Elder Law and Probate.
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