How much of the property is entitled to me now that my husband is dead? 25 Answers as of January 03, 2014

My husband and I bought a small property together a few years before his death. He left no will. The home deed is in mine and my husbands names. He has 3 grown children from previous relationships. If the property is both are names, how much of the property would I receive, since half is already mine, how is his half divided?

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Stephens Gourley & Bywater | David A. Stephens
That depends on whether you held the property as joint tenants with right of survivorship or as tenants in common. As joint tenants you would get his entire interest. As tenants in common his interest would be split according to state law of intestate succession.
Answer Applies to: Nevada
Replied: 1/3/2014
James Law Group
James Law Group | Christine James
It depends upon the term of the marriage and the equity in the property. See an attorney.
Answer Applies to: California
Replied: 1/3/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
If it says ?as joint tenants?, it?s yours, subject to recording an affidavit.
Answer Applies to: California
Replied: 1/3/2014
Frederick & Frederick PLC | James P Frederick
It depends on how title is held. If it is held in your names as husband and wife, then you would own 100%. If it is titled in your names as joint tenants with rights of survivorship, then the same answer. If it is in your names as tenants in common, then the answer is more complicated, as probate would be required. You might still be entitled to all or most of the property even in that case, but more information would be needed. The best thing you can do is have your deed reviewed by an attorney to determine where you stand.
Answer Applies to: Michigan
Replied: 1/3/2014
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
If you and your husband owned the property as "joint tenants with right of survivorship", you are entitled to the property and would perfect your title by recording an Affidavit of Survivorship and a Death Certificate. If you owned the property as Tenants in Common, you own one-half the property and his estate owns the other one-half. You may be able to claim his one-half under the statutory spousal rights of your state.
Answer Applies to: Minnesota
Replied: 1/3/2014
    Kirby G. Moss PC | Kirby G. Moss
    If it was owned per the deed between you and with rights of survivorship, it should pass to you by operation of the deed. If your deed says tenants by entireties, or words to that effect, this would be the case. .
    Answer Applies to: Indiana
    Replied: 1/3/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Generally in Michigan if the title is in His and your name and you were husband and wife at the time it was acquired and it says nothing else.. you hold it in the entireties.. that means you take 100% of oft he property and his children get nothing. You do not even have to go through probate since all you need is to quit claim it to yourself and attach a copy of his death certificate.
    Answer Applies to: Michigan
    Replied: 1/3/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    How was title held? Community property? Joint tenants? Either of those and it goes to you. Tenants in common? Probably his half is separate property, in which case it would go one-third to you and 2 thirds equally to his children.
    Answer Applies to: California
    Replied: 1/3/2014
    Danville Law Group | Scott Jordan
    Do you know how title is held? Are you joint tenants? Is it community property? Until you know how title is held, you question cannot be answered.
    Answer Applies to: California
    Replied: 1/3/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It depends. Was the deed to you and your husband as joint tenants? Then the entire property is yours. Was it as tenants in common? Then you own one-half and may own the rest depending on the value of the estate and your state's laws about homestead. I suggest you take the deed to a local attorney and he or she can take you through the various options.
    Answer Applies to: Idaho
    Replied: 1/3/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    No one can tell you definitively unless you advise how the deed is titled. Is it joint tenants, tenants in common, tenancy by the entirety, etc. Best of luck to you.
    Answer Applies to: Nevada
    Replied: 1/3/2014
    The Curran Law Firm
    The Curran Law Firm | Maura Curran
    Florida intestacy laws would give the surviving spouse, without minor children, full property. If there is a will, there are protections for spouses if a spouse is written out of a will. If you both are named on property, as long as it is not tenants in common, then you are the full owner of that property. There are further Florida specific constitutional rights for homestead property. You should employ an attorney to make sure all your rights are protected.
    Answer Applies to: Florida
    Replied: 1/3/2014
    Law Office of Peatsa C. Wallace | Peatsa C. Wallace
    First of all, I am sorry for your loss. The answer to your question depends on how the property is titled. You mention that both names are on the deed. If the title has both your names and the words "joint tenants with rights of survivorship" or language to that effect, then you would take full title to the property as the survivor. However, if the deed has both your names without the survivorship clause, then in all likelihood, you own the property as tenants in common. You have a one half interest in the property and your deceased husband's estate owns one half. Since your husband died without a Will (intestate) and you and his three daughters are his heirs, you are entitled to one third of his estate and the three daughters would divide two thirds. However, there may be a possibility that you could claim Year's Support (if filed within two years of death with the probate court) and claim your husband's one half interest. I really need more information to give you a definite answer. There are many things you have to look at to answer the question fully. I recommend you seek a probate attorney.
    Answer Applies to: Georgia
    Replied: 1/3/2014
    LAW OFFICES OF JAMES F. MALINOWSKI
    LAW OFFICES OF JAMES F. MALINOWSKI | JAMES F. MALINOWSKI
    If you owned the property as husband and wife, after your husband's death, you are the sole owner of the property. His children have no right or interest in the property.
    Answer Applies to: Michigan
    Replied: 1/3/2014
    Gates' Law, PLLC | Thomas E. Gates
    It will depend upon which state you live in. In Washington, dying without, intestate, the estate of the husband would go to the surviving spouse.
    Answer Applies to: Washington
    Replied: 1/3/2014
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    If the property was titled in your name and your husband's name, absent something unusual, you now own the entire property. In Michigan, property conveyed to a husband and wife is presumed to create a tenancy by the entirety. In a tenancy by the entirety, the surviving spouse owns the entire property.
    Answer Applies to: Michigan
    Replied: 1/3/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If you bought as husband and wife, then the deed is probably to the two of you "as tenants by the entirety." This is a survivorship estate, so you inherit his portion by operation of law. Just record his death certificate in the county records. You would have had to take special care to take the property as tenants in common.
    Answer Applies to: Oregon
    Replied: 1/3/2014
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    You get 100%.
    Answer Applies to: Oregon
    Replied: 1/3/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    You need to examine the deed to determine whether or not the property was held in joint tenancy with right of surivivorship or community property. These are the two ways that property is held by a married couple in California. Contact a probate attorney with all your documents to discuss your options.
    Answer Applies to: California
    Replied: 1/3/2014
    Martin Barnes - Attorney at Law
    Martin Barnes - Attorney at Law | Martin Barnes
    I am sorry to hear about your loss. I encourage you to visit with an attorney to make sure all of your interests in your fiance's estate are properly represented and protected. The manner in which the property is titled will determine your interest. Your attorney will want to view the title of the property. However, if the property is titled jointly (your fiance and yourself) with rights of survivorship, then the property will be passed to you, in its entirety.
    Answer Applies to: Indiana
    Replied: 1/3/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Depends upon how title was taken. Joint tenancy? Community property? Tenants in Common? Both of the first two forms of title have the element of the right of survivorship, you would succeed to your husband's half. As to the other form of title, his one half would go to his heirs, the heirs could allow you to buy them out or compel a sale and divide the proceeds.
    Answer Applies to: California
    Replied: 1/3/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Because you bought the property as husband and wife, once he passes away the property becomes yours outright. The law looks as if one person or entity bought the property because the two of you were married.
    Answer Applies to: Florida
    Replied: 1/3/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If there is no will then the statute on descent and distribution controls how the assets of the deceased are distributed. Assets held in joint tenancy by you and your husband would pass directly to you as the surviving joint tenant. Assets held as tenants in common by you and your husband would be owned 50% by you and 50% by your husband's estate. Since you husband had a wife and children, his estate would be divided 50% to you as his wife and 50% divided equally among his children, with the descendants of any deceased child dividing the deceased child's share. You may also be entitled to a spousal award. The distribution of the house will depend on whether title was held by you and your husband as joint tenants or as tenants in common. You must look to the deed for that determination.
    Answer Applies to: Illinois
    Replied: 1/3/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    If you own the property as joint tenants, by law you will receive his entire share of the property. If you own as tenants in common, his share of the property will be distributed according to your state's intestacy laws.
    Answer Applies to: Nebraska
    Replied: 1/3/2014
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    If the property is entireties or joint property with survivorship rights, all of the property now belongs to you. Otherwise his half will go into the estate and you will get your share as his wife - maybe all depending on the size of the estate.
    Answer Applies to: Michigan
    Replied: 1/3/2014
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