If I’m an only child and my father passed away after being married for only 2 months, who is entiled tohis house?

He lived in a house that was purchased by my grandparents. My grandmother passed away and left the house to my dad because he was homeless. Am I or his widow entitled to the house? In IN.

Asked on December 6, 2011 under Estate Planning, Indiana

Answers:

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

Answered 8 years ago | Contributor

Sorry to hear about your father and grandmother.

If your father did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will. 

Under intestate succession, since there is a surviving spouse, she would inherit the house.  If there had not been a surviving spouse, you as the only child would have inherited the house.

Since there is a surviving spouse, she would inherit your father's entire estate; for example, anything he owned in addition to the house.


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