Property sharing

UPDATED: Sep 30, 2022

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Property sharing

My late aunty acquired her house seven year before she got married.She also has a 22 year old daughter before marriage.She died after three and a half years after in the marriage.She did not have a child in the marriage.She also didnt make a will.She has a family behind,,,,her mother is still alive together with her three siblings.Now,who can own the property?,,,,the huband or the family together with the child?

Asked on June 8, 2016 under Estate Planning, Alaska


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

When someone dies "intestate", that means without a Will, the intestacy laws of the state in which they were domiciled as of the date of their death will control. Generally, 1/2-1/3 goes to the surviving spouse (if any) and the children of the deceased share the remainder. That having been said, this is state specific, so while the foregoing is the general rule, a few states differ. Additionally, when it comes to real estate, typically the spouses hold title as "joint tenants with rights of survivorship". This means that when 1 spouse dies, the surviving spouse becomes vested with 100% ownership. At this point, you can consult directly with a prpbate attorney in the area for further advice.

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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