First, if your husband has a Will, then the terms of his Will will control. Additionally, while he may want to leave some items to his grown children, he is not required to leave then anything specific, or even, anything at all. Thus, if your husband has a Will and leaves you the home, then this would resolve your concerns. If your husband has a Will and does not want to leave you the home, you will still have some rights as a surviving spouse, to make an elective share of his estate.
If you husband does not have a Will, then his real estate will descend automatically upon his passing to his intestate heirs, which will be you and his children. And, then, the children (or any of them individually) would have the right to seek to have the property sold.
The best course is to discuss your husband's estate wishes with him and then see an attorney to have a Will (and to the extent he does not already have one) and Powers of Attorney prepared for him.
This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.
Answered on Apr 23rd, 2012 at 12:13 PM