If my father’s second legally married spouse passed away and had a house in her name, does he have any rights to ownership or does the house go to her children?

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If my father’s second legally married spouse passed away and had a house in her name, does he have any rights to ownership or does the house go to her children?

Asked on July 9, 2013 under Estate Planning, Connecticut

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

We need more information to answer this question. For example, was the house in her name only, or is there a co-owner with right of survivorship? Does the wife have a will that says who recieves the house? Did she have a living trust that owns the house?

Assuming that the house is only in her name, and she has no will or trust, the answer depends upon your state's intestacy laws. California's intestacy laws, for example, say that a house that is her separate property (that is, she owned it before the marriage or bought it entirely with her separate funds) is shared by her children and her spouse. Your state's laws may be different.  


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