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Generally, there is no automatic life estate for the surviving spouse in property solely owned by the decedent.

You should consult with an attorney who specializes in real estate and probate law who can review your situation and explain your options. The attorney can draft a life estate document in favor of your spouse and have it recorded in the land records. Once recorded the life estate cannot be terminated except with consent of the holder or their death.

You could also set forth a life estate in your Will that would take effect upon your death if you still own that property. That way your heirs could inherit the property but your surviving spouse would be entitled to its use and possession for the duration of their life.

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8y ago
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8y ago

You can do it either place. It is referred to as a life estate. Most states automatically give a spouse a life estate in the residence at the death of the other spouse.

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Q: You want to give your present spouse lifetime rights to a home you purchased prior to marriage Do you do this in a will or do you add it to the deed?
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