If a spouse dies intestate, does the other spouse automatically inherit the home?
Question Details:
Wife, who passed, owned the house before the marriage. She and her husband were married for 10 years. He never put his name on the house. Wife's daughter (an adult) is laying claim to the house although she has not lived there for many years.
Real Estate Law Answers
I've excerpted the relevant code below. It appears that the husband and daughter split the estate, which means "splitting" the house--in practice, probably selling it and splitting the proceeds, or the husband can arrange to buy out the share the daugher would inherit.
However, the below is the general spousal rule. It gets more complicated if it's a second marriage. Here's a link you can follow to find the rules applicable to your specific situation: http://www.in.gov/legislative/ic/code/title29/ar1/ch2.html
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