Who gets the house if my husband dies? 24 Answers as of October 14, 2013

I have just gotten married. My home is in my husband's and his deceased wife's name. If me husband dies, who gets the house, me or his adult children (the house is in their parents names)?

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Law Office of Thomas C. Phipps | Thomas C Phipps
The house will have to go through probate. In Missouri, if there is no will, the spouse gets the first $20,000 and one-half of the remainder of the estate.
Answer Applies to: Missouri
Replied: 10/14/2013
The Law Offices of Juliet Gavriel
The Law Offices of Juliet Gavriel | Juliet Gavriel
According to the Intestacy Laws of the State of New York, as a spouse you are entitled to the first $50,000 of the estate and then half of whatever is left. Since the house is your husband's name and his wife is deceased, the house will go through probate. However, you could avoid probate by setting up a trust.
Answer Applies to: New York
Replied: 9/12/2013
Christine Sabio Socrates Attorney at Law | Christine Socrates
Your husband should have the home transferred to his name alone. This can be done with a surviving spouse affidavit. If he dies, without a will, the distribution of assets are governed by the Ohio Revised Code sections for descent and distribution and the rights of a surviving spouse. There are provisions and calculations that determine the distribution of assets, including the house.
Answer Applies to: Ohio
Replied: 9/12/2013
Jeffs & Jeffs, P.C.
Jeffs & Jeffs, P.C. | Kenneth A. Prigmore
The answer to this question can be very complicated. Your husband may have a will or a trust, and state law can come into effect here. If your husband and his deceased wife owned a house together, there are many ways to do so. The most popular way is a joint tenancy which says that when one person dies, the other person automatically owns the entire house. As for what happens when the second person dies, in Utah, there is a special privilege given to the current spouse of the deceased when there are children from a former marriage, and you will be able to demand about one third of the estate if it is not given to you in a will or trust.
Answer Applies to: Utah
Replied: 9/12/2013
Singletary Law Offices, PLLC | Alexis R Singletary
It depends- Did deceased wife die with or without a Will? Was there a probate for her estate? Is the house paid for (is there any mortgage that husband is still paying on)? If the house is paid for, then the home would be presumed to be husband's separate property that he brought into your marriage. If your husband dies without a Will, then separate property of a deceased person passes via intestacy statutes: one-half of net separate estate to you, surviving spouse, if husband is survived by his children. The other half goes to his children in equal shares. RCW 11.04.015. Of course, if your husband dies with a Will and leaves the house to you, then his share of that asset shall pass according to the Will. What husband's share of the house is depends on what happened when his wife passed away and whether the home was community or separate property during their marriage.
Answer Applies to: Washington
Replied: 9/12/2013
    Frederick & Frederick PLC | James P Frederick
    As things stand, you would need to sell the property and divide the proceeds between you and the kids. There are easy ways to take care of this, so you are protected. You should both see an estate planning lawyer.
    Answer Applies to: Michigan
    Replied: 9/12/2013
    James Law Group
    James Law Group | Christine James
    It depends upon how long you are married, if during your marriage your husband does an estate plan, etc. Honestly if you have just gotten married, you should be concentrating on the relationship, not what happens when your husband dies.
    Answer Applies to: California
    Replied: 9/12/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    In Oregon, husband and wife usually hold property as "tenants by the entirety," although that is not mandatory. If it is tenancy the entirety, then when wife passed away husband owned the whole of the property. Now, if your husband dies without a will, you and his children would own the house together. So, this house isn't worth enough to get some estate planning done?
    Answer Applies to: Oregon
    Replied: 9/12/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If your husband and his deceased wife owned the house as joint tenants with right of survivorship, he is now the owner of the entire title. If they held title as tenants in common, they each owned an undivided one-half of the property. In any event, if your husband died, you have rights as surviving spouse that may take precedence over any rights of his children. One would need to know actual value of the house to give a more definitive answer. People in your husband's position should prepare an estate plan to eliminate the uncertainty you are asking about.
    Answer Applies to: Minnesota
    Replied: 9/12/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    The children of your husband.
    Answer Applies to: California
    Replied: 9/12/2013
    Law Office of Edward M. Burgh, APC | Edward M. Burgh
    It depends on what he provided in his Will/Trust. If you are to get the house he should make a new Will/Trust providing you get it otherwise his children will split it as provided in his current Will/Trust.
    Answer Applies to: California
    Replied: 9/12/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    It goes pursuant to his will. If there is no Will, then it passes via Nevada intestate succession and you and the children may be the owners, 1/3 you 2/3 them.
    Answer Applies to: Nevada
    Replied: 9/12/2013
    Estrada Law P.C. | Michele Ungvarsky
    If your husband has no estate planning documents (i.e. a will or trust) the house would be part of the intestate estate which would be handled according to the laws of your state. If your husband has estate planning documents the house would be handled according to the wishes expressed in the document.
    Answer Applies to: New Mexico
    Replied: 9/12/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You may be entitled to one-half of the house if he does not bequeath it to you or deeds it to you and him as husband and wife.
    Answer Applies to: Idaho
    Replied: 9/12/2013
    Gates' Law, PLLC | Thomas E. Gates
    Did he have a will? If not, in Washington, he died intestate and the house and all other communal property would go to the wife.
    Answer Applies to: Washington
    Replied: 9/12/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Did your husband leave a will? If not, the State of California determines who are the next of kin. Generally, the surviving spouse receives a 1/3 interest and the children divide the remaining 2/3 interest. If the children are in a position, to buy your interest out, that is a possibility.
    Answer Applies to: California
    Replied: 9/12/2013
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, the answer may depend on what else the deed states, and whether your husband has a will or trust that bequeaths the house. If those documents do not state how the property should pass, then you, as a surviving spouse, and his children should inherit the property as his heirs under the state intestacy (no will) rules.
    Answer Applies to: Maryland
    Replied: 9/12/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    The house will pass per your husband's Will if he has one. If he doesn't then it is part of his intestate estate. You have a share along with his children in his estate.
    Answer Applies to: Colorado
    Replied: 9/12/2013
    Sanford M. Martin, P.A. | Sanford M. Martin
    As his spouse, you have rights to the house even if not on the deed, but you would have to go to probate court. Advice: revise the deed for joint ownership. If he has a will, it must be considered.
    Answer Applies to: Florida
    Replied: 9/12/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    You receive what is called a life estate in the home, meaning that you will have possession of the house as long as you are living, but no major renovations can be made without the permission of his children. Of course after you pass his children will gain possession of the house.
    Answer Applies to: Florida
    Replied: 9/12/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    If your husband has a will, those terms will determine who inherits the house. If he doesn't, state law will direct how his estate is distributed.
    Answer Applies to: Nebraska
    Replied: 9/12/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    It depends on several factors. It is best to have the house put in your husband's and your name as husband and wife or by the entire ties.
    Answer Applies to: Michigan
    Replied: 9/12/2013
    Attorney At Law | James G. Maguire
    His children. That can be changed by him executing a will.
    Answer Applies to: Louisiana
    Replied: 9/12/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    You need to clear title to the house now. You should not have the house titled in the name of deceased people. You are asking for trouble. Clear title to the house first and have your husband execute a will. Otherwise, you will wind up with a big (read: expensive) mess for your probate lawyer to clean up.
    Answer Applies to: Texas
    Replied: 9/12/2013
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