My husband left no will and his daughter said her dad wanted her to have the house after I pass?

My husband and I moved in our house in April
2011 we were married on July 2011 he never
put my name on the mortgage and he didn’t
have a will. So I went to probate court and had
the deed put in my name and I have papers
coming in the mail from the mortgage company
for me to have my name put on this mortgage
does his daughter have any rights to this

Asked on September 21, 2016 under Estate Planning, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When there is no will, a deceased person's assets pass by "intestate succession," which provides the rules who gets what when there is no will. In your state, when the deceased is survived by his spouse and a child by another person, then the spouse inherits assets worth $100,000 (the first $100,000 of the estate) plus 1/2 of everything over $100,000; the child or children inherit the other 1/2 of the balance over $100,000. So if the value of your husband's estate, including the house and its land, exceeds $100,000, his daughter will get part of his estate, including probably a part interest in the house; the exact distribution should be determined by the probate court during the probate process.
His oral (unwritten) wishes about who gets the house--even if what his daughter is saying is true--are irrelevant; oral wishes have no bearing on inheritance. Only a properly executed written will controls who gets what after someone dies, and without a will, it comes down to intestate succession.
Since it appears, though, that his daughter may have a claim to or interest in the house, you may wish to retain a probate attorney to help sort out the estate.

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.