If the name on the deed is Mary and John as joint tenants with rights of survivorship then the interest of the deceased spouse passes automatically to the surviving spouse. If this language is not on the deed then each spouse owns a 1/2 interest. The 1/2 interest owned by the deceased spouse will pass according to the will. If there was no will then 1/2 interest would pass to the surviving spouse and the children. Hopefully the children are over the age of 18 years.
Answered on Mar 01st, 2012 at 12:16 PM