My husband purchased land in Maine in 1974. We were married in 1983. We built a house on the property in 1988. The original deed is still in...

Question

My husband purchased land in Maine in 1974. We were married in 1983. We built a house on the property in 1988. The original deed is still in his name. He wants to leave the house to our two childrenin his will, excluding me. We are still married. Can he do this?

Answer

You need to talk to an experienced probate attorney. You shouldn't agree to this unless there are great tax advantages. Depending on the factors involved, you should request that he deed the house to both of you with rights of survivorship, meaning that if one spouse dies, the other gets the house. After almost 40 years of marriage, this house has merged into your marital estate, even if it is just titled in his name. Of course, I don't know all the facts, but you need to discuss this matter with an experienced attorney immediately to go over all the facts and your options- as you will only get a portion of his estate if he tries to disinherit you.