Question: My husband died last year with no will. We owned a home in Lowell together. Because, he died without a Will - who owns the home? Me? Our child? Both of us?

Answer: I am sorry for the loss of your husband. I took the liberty of researching your deed online at the registry of deeds website www.lowelldeeds.com. A simple search revealed your home was owned by your husband and you as "joint tenants with rights of survivorship".

This ownership designation trumps the state statute regarding property distribution upon one’s death without a will. As such, you owned this property 100%, immediately following his passing.  No probate is needed to accomplish this transfer, however, to have completely clear title you must do the following:

1. Record a signed, notarized affidavit with the registry of deeds, stating that no federal estate taxes were owed by your husband’s estate. Unfortunately, most of us can make such a statement because it means the value of his estate was under $2,000,000 for 2007. This affidavit can be obtained from an attorney specializing in estate planning or real estate. A consultation is recommended given potential hidden factors that may be included in your estate value – like life insurance proceeds.
   
   
2. Record a certified copy of your death certificate with the registry of deeds.  You likely have a number of these as provided by the funeral home, or you can get one easily from the city hall clerk’s department.

Finally, remember that when you pass away, a convenient transfer of your home will not happen automatically. I don’t advise deeding the home to your child and you, as joint tenants with rights of survivorship. A lot of folks make this mistake. You need to prepare a Will or Trust, in order to pass the home to your child in a convenient manner, while retaining full control of the home.

Attorney James Haroutunian’s practice focuses on estate planning, real estate and business planning in Billerica at 630 Boston Road. Contact him with questions at 978-671-0711 or email him at james@hlawoffice.com.