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 1 year 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.

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