Do I have rights to my husband's house? 6 Answers as of August 18, 2011

My husband just passed away, I live in the house he owns with his ex-wife who is now dead. House Not in my name. My husband and I have 5 kids by his ex wife (who is dead) what are my rights?

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Burnham & Associates
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
Replied: 8/18/2011
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
You should get a lawyer and open probate. You have a right to a portion of your husband's estate.
Answer Applies to: Oregon
Replied: 8/18/2011
Goldsmith & Guymon
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
Replied: 8/18/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
Much of that will depend on if any of the children are minors or what documents you may have signed.
Answer Applies to: Florida
Replied: 8/17/2011
The Law Offices of Laurie E. Ohall, P.A.
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
Replied: 8/17/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    That depends on how the deed is worded. You likely have some claim and should see a lawyer asap.
    Answer Applies to: Georgia
    Replied: 8/17/2011
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