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?

UPDATED: Jul 5, 2015

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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


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

Answered 7 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").

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 AttorneyPages.com 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.

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