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
house?

Asked on September 21, 2016 under Estate Planning, Alaska

Answers:

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.


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