Since my husband owned all of our land before we were married and he has no children, if he were to die before I do will I have any rights or will I be homeless?

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Since my husband owned all of our land before we were married and he has no children, if he were to die before I do will I have any rights or will I be homeless?

Asked on November 8, 2014 under Estate Planning, South Dakota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your husband leaves a Will, the provisions of the Will are controlling as to disposition of his estate.

If your husband does NOT leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, you as the surviving spouse, will inherit your husband's entire estate.


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