What are a wife’s rights to her husband’s house if he died without a Will but had 2 children from a previous relationship?

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What are a wife’s rights to her husband’s house if he died without a Will but had 2 children from a previous relationship?

My husband passed 4 years ago. I live in the house that he inherited from his mom. We were married for 11 years. If I move and they sell house, would I receive any part of the proceeds?

Asked on July 5, 2015 under Estate Planning, Arkansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

When someone dies without a Will, they die "intestate". This means that the laws of the state that they were domiciled in at the date of their death will control. Typically, the deceased's heirs receive: 1/2-1/3 to the surviving spouse, with the remainder of the estate evenly distributed to the children of the deceased.

To find the intestacy law in your state, you can google for the specific information (type in your state's name and  the words " intestate succession").


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