If I own my own home, when I die does it go to my husband or to my children if there is no Will?

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If I own my own home, when I die does it go to my husband or to my children if there is no Will?

Asked on June 29, 2015 under Estate Planning, North Dakota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If there is no Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, your surviving spouse inherits  your entire estate.  Therefore, your surviving spouse inherits your home.

If there is no survivng spouse, your estate will be divided equally among your children.  If there is a deceased child, who had children (your grandchildren), they would inherit the share of your estate that their parent (your child) would have inherited had your child survived.


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