Does his children inherit all of this because it was bought before we were married?

Question

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.

Christine Socrates · Answer

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.

Bernard H. Greenberg · Answer

You will inherit a percentage and his children will inherit a percentage. For more detailed information, consult with an attorney specializing in estate administration.

Carl Silver · Answer

NO. The majority of the estate will go to you, the rest to his children.

Judith Douglass · Answer

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.

Jayne Sebby · Answer

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.

Richard Keyes · Answer

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.

Edwin K. Niles · Answer

Separate property:  one third to wife and two thirds to kids.  See a probate lawyer ASAP.

Dara J. Goldsmith · Answer

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.

Brian Haggerty · Answer

Under Oregon law, spouse inherits half, and the children inherit half.

Victor Waid · Answer

His children are the natural heirs of properties he acquired before marriage.

James Frederick · Answer

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.

Mark T. Peters · Answer

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.

Christine James · Answer

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!

Ronald Nims · Answer

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.

Norman Green · Answer

You get one-third of his separate property.

Ben Liu · Answer

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.

Randall Romei · Answer

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.

Thomas Edward Gates · Answer

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.

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Does his children inherit all of this because it was bought before we were married?

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