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My husband passed away without a will, am I entitled to receive his house entirely or will our adult son get a portion as well?
My husband has just passed away and he has not created a Will. We have only one son together who is 21 now. How will his property become divided? I am on the mortgage and title of the home so I believe I should get the house entirely?
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Answers (1)
It is always best to create a Will so that your personal property can be disposed of in keeping with your wishes. When someone fails to leave a Will, the state must step in and divide up the estate.
It will be important for you to consult an attorney to be sure your rights are properly protected. Under the Uniform Probate Code, (used as a pattern by many states when creating their own probate laws), you should probably receive full title to the house as the surviving spouse.
It would be very wise for you to create your own will now, if you have not already done so. Should you fail to do so, your state’s probate laws may prevent your son from inheriting your full interest in the house, as well as other possessions you’d like to leave to him upon your death. You might also want to ask your lawyer if it might be best to create one or more trusts now, so various assets will later be transferred to those you want to receive them, outside of probate.
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Posted by Elizabeth Smith on 21 Jan 2010
3people found this useful
(8 Votes)