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If a husband dies before his wife and the wife has property that was hers before the marriage, does this property become part of the husband's estate when he dies?

Last Updated: April 06, 2011

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It depends. If the property was titled solely in the wife's name throughout the marriage, it would have continued to have been hers alone all those years and would thus not be part of her deceased husband's estate. If, however, the property was "commingled" into a joint account, or with a joint title, then a portion of it could, perhaps, be considered to have been owned by the husband. For additional information specific to your situation and the type of property in question, contact an attorney, legal aid office, law school clinic. or other qualified legal adviser and bring the property title documents for review. We would like your feedback on this Personal Finance Frequently Asked Question.

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