What should be done if the house in husband's name only and the husband dies without a Will?

Question

Husband dies with no will. He has a wife and 3 children. His verbal wish was for the wife to live there and the house be given to one child.

Janis Blough · Answer

If the home was owned jointly with the wife, it goes to her upon the husband's  death by operation of law. If not owned jointly, wife is entitled to at least a  "widow's share" or "widow's portion" of the entire estate. The widow then can  make her own will dividing the property in what ever way she desires.

Carl Silver · Answer

The husband's estate will need to be probated. The wife will receive the house in the probate process.

Edwin Fee · Answer

Under the intestate statute, the husband's individually owned assets (including the house) will pass roughly half to the wife and half to the children.

Randy Harvey · Answer

The answer to this question is fact specific. My answer may be different depending on the actual facts of your case.  If you and your husband were legally married and the children were his biological children the estate may be distributed one of two ways. If the children are minor children, then the entire house generally goes to the surviving wife 100%.  You should consult an attorney who handles estate and probate matters and provide her/him with the complete details of your case for accurate advice on how to proceed based on all the information necessary to make a determination.

Brian Haggerty · Answer

Verbal wish does not matter. Start administration of intestate estate  if children are children of a previous marriage, then wife gets half and children get one-sixth each. If wife is the mother of the 3 children, then wife takes all, she can make a will executing the verbal instruction for one child to inherit, but she does not have to.

Frances Headley · Answer

If the house is husband's separate property then the house will be divided four ways.  If it is community property it will go to the spouse.  You should consult a probate attorney to review all of the facts and advise you.

Charles Perry · Answer

I am sorry to hear about your loss. If the husband passed without a will, then his estate will pass by the laws of intestacy. I assume that everything is here in California. If so, then the wife will get her 50% community interest in the estate confirmed to her. She will also receive the husband's 50% community property interest in the estate.  Thus, if the house was 100% community property, she will receive it in full.The analysis as to the house is different, however, if the house was the husband's separate property. Note that the fact that title in the husband's name is not determinative here.  If the house was purchased  and maintained with community property funds, then it is in reality community property.  Unfortunately, the husband's wish has no legal effect  but the family can agree to honor it, if they so choose.  I strongly suggest that you contact a probate lawyer to help you transfer title to the property and handle this estate.

Thomas Edward Gates · Answer

Assuming you are in a community property state, one-half of the husband's estate goes to the wife (wife already gets one-half of her estate) and the remaining one-half of the husband's estate is distributed amongst the children, in equal shares.  It does not matter what the husband's wishes were on his death bed.

Richard Damon · Answer

Verbal wills don't count.  If the house was purchased during marriage, it is community property.  One-half belongs to wife.  The other one-half would be divided one third to wife, two thirds shared by children.

Jayne Sebby · Answer

Check the statutes for your state.  Often the estate is divided between the wife and the children.  A verbal "wish" probably isn't sufficient to transfer the home.

Richard Keyes · Answer

If the three children are by the wife, then under Missouri law, the wife gets the first $20,000 of the estate.  The remaining amount of the estate is divided so that the wife gets 50% and the children get the other 50%. However, before the division of assets, the wife can file for exempt property, family allowance and homestead allowance.  Contact a probate attorney for advice.  If any of the three children are not by the wife, then the wife does not get the first $20,000 of the estate but everything else is the same.

Shadi Ala'i AlaiShaffer · Answer

The house and whatever else was in husband's name alone has to go through Probate. You need to consult with an attorney and hire them to do the Probate Administration of the home.

Edward Armstrong · Answer

It will be necessary to open a probate estate to transfer ownership to wife and children.

Kenneth Gold · Answer

A probate estate needs to be opened. The house will pass to the spouse.

Ben Liu · Answer

Estate will have to be probated.  The wife will get the first $100,000; the balance will be share with the children half and half.  But if everyone agrees, the husband's wishes can be carry out.  See a good probate lawyer.

James Frederick · Answer

Without a Will, you are stuck with the Michigan intestate code. It provides for a differing disposition, depending on the relation of all the parties. If the surviving spouse is also the mother of the son, then the amount would be different than if the son if from a prior relationship. The spouse would generally get an additional $50k if the child was hers, as well. The spouse would be entitled to $150k, plus half of the balance, in that case, plus and adjustment for inflation. If the son was not the child of the surviving spouse, it would be $100k plus half of the balance, plus the inflation adjustment. The spouse might also be entitled to a family allowance, homestead allowance and exempt property allowance, which could add another roughly $50k to her share.

Tamara Marie Chin · Answer

The property will be divided first one half to wife for community assets. Then the remainder will be split between the children and the wife. So the wife get 75% of all community assets and the children receive the rest. Debts are paid before assets are divided.

Dara J. Goldsmith · Answer

It all depends upon a number of factors, that include: if the asset is community property; the value of the estate (if it is under $100,000 in Nevada it may just go to the wife possible issues, unless there is a prenuptial agreement, the age of the children (if they are minors, if under $100,000), as well as other possible issues.   I suggest that you speak with an attorney who can address your specific fact pattern. Chances are it does not go to the wife for life then to the one child.

Mark L. Dodds · Answer

If the home was acquired during the course of the marriage, it is likely that the home was purchased with community property funds, e.g. earnings from employment. If this is the case, the home is community property, so in the State of Nevada where there is no will, the surviving spouse is entitled to inherit the home in its entirety. If the children of the deceased wish to make a claim on the house, they would need to prove that the home was the separate property of their father, not community property. If the children were to prove this claim, then the three children would be entitled to inherit two-thirds of the home and the surviving spouse would be entitled to one-third, based upon Nevada intestacy laws. The verbal wish of the wife living in the home and on her death the home going to the one child is void and will not happen unless the wife and three children were to all voluntarily agree to such an arrangement.

James Oberholtzer · Answer

The answer in Oregon depends on whether his current wife is the mother of all of his children.  If so, the house and all of his probate assets go to the surviving spouse.  If not, the surviving spouse receives half and the children split half.

Jon Zahaby · Answer

With or without a Will, the surviving wife will need to petition the court for Probate.  With no Will petition for intestate Probate.  Testimony via affidavit or otherwise can be given regarding the deceased owner's wishes.

Norman Green · Answer

Who owned the house?  Was it community property?  In that case widow files a spousal property petition and gets ownership.  Was it husband's separate property?  In that case widow files a spousal property petition and gets one-third.  The rest is subject to probate administration.  Widow can keep on living there during probate (and, presumably, after) and can get a family allowance.  What's left at the end goes to the children equally.  If the children are all in agreement, they may b e able to work out a method where widow gets to stay indefinitely and then it passes, either totally or for life, to the favored child.   But husband verbal wish has no legal effect.

Darin Christensen · Answer

Under Oregon law, his estate should be probated (or if the value of the property is under $200,000 a small estate affidavit could be used).  It would go to the wife if the three kids are all hers.  If at least one of the kids is not hers, the house would go 50% to her and 16.66% to each of the kids.  His oral wish means nothing unless the wife and all the kids agree to follow it.

Monica H. Donaldson Stewart · Answer

If he died without a will, then Arizona law dictates how his estate will be divided. If his wife is the mother of the three children, then she is generally entitled to inherit the estate. If the wife is not the mother of the children, then the statute dictates how the estate is divided between the wife and the children. I recommend you consult with an attorney familiar with probate law to discuss this matter in greater detail.

Victor Waid · Answer

You should claim a one half community property interest, as one half of the house is yours , if you acquired during marriage. If house was your husband, and no community funds were used to pay for the house, then the house goes to the three children. In that event if you intend on remaining in the house for the rest of your life, then you will want to seek the services of a lawyer to engineer a life estate agreement from the children to you; of course the children could charge you rent monthly or annually.

Brooke Ashton · Answer

The real question is whether or not the three children are children of both the husband and wife or if they are children from a prior relationship. If they are not children from a prior relationship, then the house would go to wife under the intestate laws and she could then will the house in the way the husband wanted upon her death. However, if the children are from a prior relationship, the assets of husband are split between the wife and the children.

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What should be done if the house in husband's name only and the husband dies without a Will?

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