If there is no Will and my wife dies, who gets the house if her name was the only one on the deed?

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If there is no Will and my wife dies, who gets the house if her name was the only one on the deed?

Asked on July 21, 2015 under Estate Planning, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your wife dies without a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, you, the surviving spouse, would inherit your wife's entire estate which includes the house.

If there is no survivng spouse, and your wife dies intestate, her estate will be divided equally among her children.  If there is a deceased child, who had children (your wife's grandchildren) they would inherit the share their deceased parent would have inherited had the deceased parent survived.


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