If someone dies without a Will, who is entitled to the house that was titled in both his and his wife’s names?

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If someone dies without a Will, who is entitled to the house that was titled in both his and his wife’s names?

My brother-in-law passed away 5 years ago but my sister did not probate estate. She is selling her house and the title company wants her to fill out the heir questionare. They have 2 children, 18 and 21. He also had a son who is now in his 30’s. The mortgage loan is in her name and her deceased husband’s. She lives in a community property state. Will she have to share equity or is she entitled to all of it by law?

Asked on July 17, 2014 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for her loss. If the house was titled in both their names as husband and wife then the property passed to your sister automatically at the time of your brother in law's death.  The house is not considered part of his estate.  She should be entitled to all of the equity.  Good luck.


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