If my wife and I own our house together which is in both our names but the land is only in my name, what will happen if I die without a Will?

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If my wife and I own our house together which is in both our names but the land is only in my name, what will happen if I die without a Will?

Asked on June 15, 2012 under Estate Planning, Tennessee

Answers:

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

Answered 10 years ago | Contributor

If you don't leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without  a Will.

Under intestate succession, your entire estate including your house and land would go to your surviving spouse.  If there is no surviving spouse, your estate will be divided equally among your surviving children.  If you have a deceased child, who had children (your grandchildren), your grandchildren would inherit the share that their deceased parent would have inherited had the deceased parent survived.


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