If my father just purchased a house that my mother and I reside in but he passed away last week without a Will, what happens to the house since it was only in his name?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my father just purchased a house that my mother and I reside in but he passed away last week without a Will, what happens to the house since it was only in his name?
Asked on July 21, 2015 under Estate Planning, Indiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Sorry to hear about your father.
Since your father died without a Will, the rules of intestate succession determine inheritance. Intestate means dying without a Will.
Under intestate succession, the surviving spouse (your mother) inherits your father's entire estate which includes the house.
If there had not been a surviving spouse, your father's estate would have been divided equally among his children. If there had been a deceased child who had children (your father's grandchildren) they would inherit the share their deceased parent would have inherited had the deceased parent survived.
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.