What happens to house when a person dies without a Will?

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What happens to house when a person dies without a Will?

My mom passed and she didn’t have a Will. She is survived by 4 kids and her mom, so does the house go to the kids or her mom? I ask because her mom is in a nursing home and I don’t want the house to go to the state to pay for health care,

Asked on March 20, 2019 under Estate Planning, New York

Answers:

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

Answered 2 years ago | Contributor

Sorry to hear about your mom.  
Since there isn't a surviving spouse,her house will be inherited by her four children, and each child will receive a 1/4 interest in the house.  If the house is sold, each child will receive 1/4 of the proceeds.
 


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