Burnham & Associates | Stephanie K. Burnham
First if the house was in both of their names as Joint Tenants with Rights of Survivorship, when his ex-wife passed the house became his. Title is perfected by filing a Certified Death Certificate for the ex-wife. In that event, as the surviving spouse, under the laws of intestacy you are entitled to a certain amount of his estate which can include the house. Please protect yourself. Do not agree to sign or relinquish any rights to your stepchildren without first speaking with an Estate Planning Attorney.
Answer Applies to: New Hampshire
Goldsmith & Guymon | Dara Goldsmith
The answer depends in part upon who died first, your husband or the ex-wife? Another important factor is what does the divorce decree state? What is the property worth? What is the total value of your deceased husband's estate? Did he have a Will? Do you have a prenuptial agreement? Are any of the children minors at the date of his death? The question you ask is not a simple question. You should seek legal counsel and bring with you a copy of the divorce decree and information about the assets and the value of such assets in your husband's estate, without that it is difficult to determine your rights.
Answer Applies to: Nevada
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
In Florida, as surviving spouse who is not on title to the homestead, has the right to either a life estate in the homestead or the spouse can make an election (within 6 months of the decedent's death) to half an interest in the property. You should speak to an attorney about your rights to make sure you preserve the rights you have.
Answer Applies to: Florida