If my son does not currently have a Will in place and the home is in his name only, will his wife inherit it all?

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If my son does not currently have a Will in place and the home is in his name only, will his wife inherit it all?

My 32 year old son owns a home that is in his name only; not his wife’s. Should he die, by MN law would she automatically inherit it through the probate system or would she and their 2 daughters inherit it (he also has stepdaughter – all children are minors right now).

Asked on February 27, 2011 under Estate Planning, Minnesota

Answers:

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

Answered 10 years ago | Contributor

Since he doesn't have a Will, he will be said to have died "intestate".  Accordingly the laws of the state that he is domiciled in at the time of his death will prevail.  Typically, it is split between the surviving spouse (1/3 or 1/2) and the children (2/3 or 1/2).  However, since the marital home is involved, there may be specific state legislationthat will control. A licensed MN attorney can best advise as to this situation.  

Note:  Only biological or adopted children are considered to be legal heirs; a step-child would not qualify.


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