Mom passed away and her husband is selling their house. Do I get half?

UPDATED: Oct 1, 2022

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Mom passed away and her husband is selling their house. Do I get half?

My mother recently passed away and her
current husband who is not my father was
going to sell their home. Will my
brothers and I get my moms share once
the house is sold? She had no will.

Asked on January 21, 2019 under Estate Planning, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the house was owned by the two of them as joint tenants with right of survivorship (JTROS), as the surviving owner or "joint tenant," it became 100% her husband's when she passed away, and no one else will get any share of it. This is the most common way couples own homes, that it goes to the survivor.
If it was owned by the two of them as "tenants in common," then her husband inherits the first $100,000 of value of everything (her share of the house; her share of any money or investments; her jewlery; etc.) that she owned and half of everything in excess of $100,000. Her children get the other half of anything owned by her in excess of $100,000 in value.

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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