Does his children inherit all of this because it was bought before we were married? 21 Answers as of May 14, 2014

My husband passed away without a will. He has 2 children from a previous marriage. He bought his houses before we were married and are in his name only. His daughter lives in one house. All his cars and trucks are in his name only.

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Christine Sabio Socrates Attorney at Law | Christine Socrates
No, if there is no will, the probate statutes determines the distribution of the estate. The surviving spouse and children receive a portion of the estate. The percentage depends on the whether there were children of the deceased and if the surviving spouse was the mother at least one of those children.
Answer Applies to: Ohio
Replied: 5/14/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Separate property: one third to wife and two thirds to kids. See a probate lawyer ASAP.
Answer Applies to: California
Replied: 4/25/2014
CARL C SILVER ATTORNEY AT LAW
CARL C SILVER ATTORNEY AT LAW | Carl C Silver
NO. The majority of the estate will go to you, the rest to his children.
Answer Applies to: Michigan
Replied: 4/25/2014
Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
Assets held in the name of the deceased are part of his estate. If there is no Will the assets are distributed in accord with the statute on descent and distribution. Since the decedent had children and a spouse at the time of death assets in the estate would be divide ? to the spouse and ? divided equally between the decedent's children, born to or adopted by him. If any child predeceased the decedent then the descendants of the predeceased child would divide the share that the predeceased child would have received if alive. A probate should be opened and as the spouse you would be the likely estate representative. The representative would collect the assets in the estate, pay all claims against the estate and distribute the assets. Real property can be distributed in kind. If that is not possible because of the value of the assets, the real property would have to be sold and the net proceeds distributed.
Answer Applies to: Illinois
Replied: 4/25/2014
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
It depends upon a lot of things. In Nevada you would be entitled to 1/3 assuming it was his separate property and he left no Will. I urge you to speak with an attorney about your rights.
Answer Applies to: Nevada
Replied: 4/25/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    His children are the natural heirs of properties he acquired before marriage.
    Answer Applies to: California
    Replied: 4/25/2014
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    In Missouri, since your husband's children were not by you, you inherit half of the assets in your husband's name at the time of his death. You should see an attorney as soon as possible to open up a probate estate so you can protect your rights.
    Answer Applies to: Missouri
    Replied: 4/25/2014
    Gates' Law, PLLC | Thomas E. Gates
    Your husband died intestate (without a will). State statutes define how the estate is to be handled. In Washington, a community property state, the wife receives the deceased's half of the estate.
    Answer Applies to: Washington
    Replied: 4/25/2014
    James Law Group
    James Law Group | Christine James
    You have community property rights and rights to a portion of his separate property since he died without a will. SPEAK WITH AN ATTORNEY ASAP to protect your rights. Most attorneys give free consultations, so your only risk is doing nothing. FYI - You also have the right to be in charge of the estate, so get with an attorney yesterday!
    Answer Applies to: California
    Replied: 4/25/2014
    Frederick & Frederick PLC | James P Frederick
    No. That does not happen, unless you signed a pre or post-nuptial agreement. Otherwise, you would be entitled to a substantial portion of the estate. You should sit down with a probate lawyer to discuss this further and to determine how best to proceed.
    Answer Applies to: Michigan
    Replied: 4/25/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Under Oregon law, spouse inherits half, and the children inherit half.
    Answer Applies to: Oregon
    Replied: 4/25/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    You get one-third of his separate property.
    Answer Applies to: California
    Replied: 4/25/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    You should contact a probate attorney to discuss what your rights are in an intestate (without a will) estate.
    Answer Applies to: California
    Replied: 4/25/2014
    Douglas P. Barnes, A Professional Law Corp.
    Douglas P. Barnes, A Professional Law Corp. | Judith N. Douglass
    In California, as the surviving spouse, you have an interest in your husband's separate property. The California Probate Code specifies your share of separate property when there is no Will- you would be entitled to a 1/3 share of the separate property, and the children would be entitled to a 2/3 share.
    Answer Applies to: California
    Replied: 4/25/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    I don't know. You will have to talk with a local probate attorney. Without a will chances are you are entitled to one-half to all of the property, but it depends on your state's inheritance laws.
    Answer Applies to: Idaho
    Replied: 4/25/2014
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    As his surviving spouse you are entitled to a number of statutory protections regardless of his testamentary status (will or no will). The answer to your specific question is no, his children will not inherit his entire estate based upon the date(s) when his assets were obtained. Your status as surviving spouse will entitle you to a healthy share of his estate.
    Answer Applies to: Minnesota
    Replied: 4/25/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    It is possible in some states that all assets purchased prior to your marriage would not be considered assets of the marriage and would be inheritable only by his children from the previous marriage. However, most states' intestacy laws distribute an estate to both the surviving spouse and any children. You will need to check the laws of the state in which your husband resided at the time of his death to find out what you can inherit.
    Answer Applies to: Nebraska
    Replied: 4/25/2014
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    As the wife, you will be entitled to at least some of the estate. If it is relatively small, you will get all of the estate. You will need to probate the estate.
    Answer Applies to: Michigan
    Replied: 4/25/2014
    Ronald K. Nims LLC | Ronald K. Nims
    Ohio law provides where a spouse dies without a will and children not related to the surviving spouse - the first $20,000 of his assets plus 1/3 of the balance goes to the surviving spouse and the remainder goes to the children.
    Answer Applies to: Ohio
    Replied: 4/25/2014
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    You will inherit a percentage and his children will inherit a percentage. For more detailed information, consult with an attorney specializing in estate administration.
    Answer Applies to: Colorado
    Replied: 4/25/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Florida Statutes allows his widow to receive the 1st $60,000 and 1/2 of the balance of the estate. And as his widow, you would receive what is called a life estate in the homestead, that means you can stay in the home that is declared the homestead for the rest of your life. What this all amounts to is all of his property would have to be appraised to place a value on it to determine what your $60k would be and his children would share equally their 1/2 of the balance. You would definitely need to retain an attorney in this situation.
    Answer Applies to: Florida
    Replied: 4/25/2014
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