Do I have rights to my late husband’s house?

UPDATED: Oct 1, 2022

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Do I have rights to my late husband’s house?

My husband died before our divorce was final. We never got anything finalized on who got what. We lived in house for 16 years. The bills are in our name but his grandma never signed over to us. It’s still in her name. She died a month after him.

Asked on December 4, 2017 under Real Estate Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the house was in his grandmother's name when he died, then it was her house, not his: whether she would have signed it over to him or otherwise transferred it to him in the future, if he and she had both lived, is irrelevant: all that matters is that it had not been transferred to him before he passed away. Since the house was in in his name, he did not own it; since he did not own it, you do not inherit it from him.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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