What happens to the house if the wife dies but her name is on the house? 13 Answers as of October 28, 2011

The house would be part of her estate and would pass to whoever she named in her will. If she doesn't have a will, it would go to her heirs (children, new husband, etc).

Unless specifically mentioned in a will, it could go to that or those individuals. If she died without a will, it would go to her husband.

The answer to your question is that, it depends. If the Wife had a Will when she passed away, and the Will leaves the house to the Husband, then the house belongs to the Husband (assuming the Wife did not die with minor children). If there were minor children, the Wife cannot leave the house outright to the Husband. Let's assume there are no minor children, and there is no Will. Assuming the Wife died after October 1, 2010 (because the laws changed on that date with regards to the homestead), and if there is just the Husband, the house would belong to the Husband, in accordance with Florida law. If there were children and the Husband, then Florida law gives the surviving spouse the right to either take a life estate in the homestead or elect a half interest in the homestead (with the other half going to the surviving children). The election must be made within 6 months of the decedent's death.

That all depends on whether wife had children that were not also the husbands. Consult an attorney who does real estate or estate administration work.

That depends on whether she has a will, what state she lives in, and whether she has children, and since you left all that out there is no way to answer you.

That would depend upon whether the wife had a will. If not, how many children the wife had, how many of those children were also the husband's, i.e., the distribution followed the statute of descent. Too many variables to answer this seemingly simple question.

The provisions under the wife's will apply if the wife left one. If the wife did not leave a will, the widower generally gets the house. However, this is subject to limitations described in Minn. Stat. Section 524.2. For example, if the wife had children from a previous marriage, they may also share in the ownership of the house.

It will depend on what her will says if she has a will. If she does not have a will, the husband would be the owner if she has no children who are not also children of husband. If she has children who are not also children of the husband, then husband will own 50% and her children will own the other 50%. In each situation, a probate or small estate affidavit will be necessary to transfer the house to the beneficiary.

It goes by the Will, and if no Will, by intestacy to the heirs-at-law.

If there are no joint owners with right of survivorship, then the property would pass as set forth in Wife's will; if she has no will, then it would pass according to the statutes concerning intestacy.