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?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

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 11 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). 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption