Will I automatically inherit the house under my deceased husband’s name?

Question

My husband passed away and the house we have lived in for about 16 years together was in his name. Does it automatically become mine as the surviving spouse?

Jayne Sebby · Answer

Not necessarily.  His estate must first pay off all of his final expenses and any taxes owed.  If there isn't enough cash, the house might need to be sold to pay off these bills.  If you husband had a will and left the house to someone else, that person will inherit the property.  However, if your husband didn't have a will, in most states you would be first in line to take title to the house.  Any surviving children might also have a claim on the property.

Don Rosenberg · Answer

You will need to probate his estate.  As for whether you receive it, depends on the value of the home.

Frances Headley · Answer

No, since your name was not on the house, it will not automatically come to you. You should consult a probate attorney to review all of the facts and advise you.

Edwin K. Niles · Answer

Automatically, no. It sounds as if probate will be necessary. Please see a probate lawyer as soon as possible.

Douglas Bryan · Answer

No, but it would be community property if bought during the course of the marriage. If it's community, you would have full ownership of your half of the house.  His half would go to his children, subject to a usufruct (or right of use) until your death or remarriage.  If the home was his separate property, his children would inherit the whole house.

James Weiner · Answer

If the house was in BOTH of your names it will most likely pass to you 100%.. If not it might go into his estate and then it depends upon whether all his kids are also yours.. if you had step children you get the first 20% or so plus 50% of the remainder in the absence of an estate plan.

Brian Haggerty · Answer

No. If it's in just his name, and he has no will, then if he has children who are not also your children, you and his children split his estate.

James Oberholtzer · Answer

Yes, unless he did one of several things, made a Will, made a Trust, added another person as a joint tenant and had none of those but had children from another woman.

John Brennan · Answer

It will depend on the laws in your jurisdiction and the other circumstances.  See an attorney.

Ronald Nims · Answer

As a surviving spouse, you have the right to inherit a certain amount of your deceased husband's property, regardless of what is written in his will (or if he doesn't have a will).  If all his children are also your children (or if he has no children) - you have the right to inherit all his property. If you are the mother of at least one of his children and he also has other children - you have the right to the first $60,000 and 1/3 of the remainder If you are the mother of none of his children - you have the right to the first $20,000 and 1/3 of the remainder.  If your share under the distribution shown above is equal to or greater than the appraised value of the home (minus any mortgage or other liens), then you can choose to receive the house.  In any case, nothing here is automatic. You have to apply to the probate court and prove the various items.

Norman Green · Answer

Only if he had no will and no issue. If he had a will it goes according to that. If not, then if he had issue, they get part and you get part.

Randall Romei · Answer

No. If the deed to the house named only your husband then the house will become part of his estate at his death. If he has a Will then the house, along with his other assets, will be distributed in accord with the terms of his Will. If does not have a Will then the house and his other assets will be distributed in accord with the statute on descent and distribution. If there is a surviving spouse and no descendants then all to the surviving spouse. If there is a surviving spouse and descendants then of the value of the assets in his estate to the surviving spouse and of the value of his assets divided equally among his descendants, with the share that would have gone to a predeceased descendant being divided equally among the descendants of that predeceased descendant (for example: grandchildren would share the portion their parent would have received if alive).

Victor Waid · Answer

To you and the children if any by intestate succession.

James Chandler · Answer

You will have to file a probate action to clear title to the real property and determine who the heirs are.

Ben Liu · Answer

You will need to probate his estate. If you are the only heir, you will get the house.

Dara J. Goldsmith · Answer

Not necessarily. There are factors that need to be considered, included, does he have a Will, children, when was it purchased, etc. You should speak with a probate attorney about  the administration of your husband's estate.

John Ceci · Answer

If your name is on the deed as his wife, the home is yours. If your name is not on the deed you are, in all likelihood, first in line to inherit the home. But the home still needs to go through the probate process to get your name on the deed. If the only name on the home is his, the only person with authority to transfer the home to you is his estate's personal representative. That could be you but you have to open an estate to do address this. Unfortunately I cannot be much more specific than that without reviewing pertinent documents. For example, you don't mention whether there is a mortgage on the home; who is liable for any mortgage and whether your husband had a Will. And, of course the deed matters too. But regardless of all that you really should contact a probate attorney to address this situation. If you don't, based on your post, you could be creating a mess for your heirs (and possibly his) if you don't address this now and leave it to others when you pass.

Patrick Currin · Answer

Unless you were a Joint Tenant with him on the deed, nothing is automatic. You must look first to any trust or will your husband had and if neither were done, intestate succession will determine who gets his property. That is almost certainly you in that event, but your husband's estate will have to go through the probate process.

James Frederick · Answer

Not automatically, no. You need to go through probate to get the title in your name. Whether or not you are the sole beneficiary or whether you need to share the estate with anyone else depends on facts which you have not included in your summary. Are there any other heirs? Does your spouse have any surviving children or parents? If so, then you would need to share a portion of the estate with them.

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Will I automatically inherit the house under my deceased husband’s name?

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