If my husband and his brother inherited a house from their father and the has brother died, is his spouse entitled to half the house?
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If my husband and his brother inherited a house from their father and the has brother died, is his spouse entitled to half the house?
When the house was purchased the parents put the house in the 2 sons’ names. Neither were married at the time. His brother has no children and his wife is a citizen of Canada.
Asked on September 23, 2011 under Estate Planning, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Who has the right to this house depends on just how title was held by your husband and brother-in-law.
If it was held as "joint tenants with rights of survivorship" (or JTWROS or similar wording) then, upon his brother's death, your husband would have become the sole owner. This happens automatically. Additionally, since it was an inheritance it was your brother-in-law's separate property. His wife would have no legal claim to it.
If title was held as "tenants in common" (or if there was no designation at all, a tenancy in common would be presumed under law), then upon your brother's death his beneficiaries/heirs would be entitled to his share of the property. This would include his wife (regardless of her citizenship).
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