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My late aunty acquired her house seven year before she got married.She also has a 22 year old daughter before marriage.She died after three and a half years after in the marriage.She did not have a child in the marriage.She also didnt make a will.She has a family behind,,,,her mother is still alive together with her three siblings.Now,who can own the property?,,,,the huband or the family together with the child?
Asked on June 8, 2016 under Estate Planning, Alaska
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
When someone dies "intestate", that means without a Will, the intestacy laws of the state in which they were domiciled as of the date of their death will control. Generally, 1/2-1/3 goes to the surviving spouse (if any) and the children of the deceased share the remainder. That having been said, this is state specific, so while the foregoing is the general rule, a few states differ. Additionally, when it comes to real estate, typically the spouses hold title as "joint tenants with rights of survivorship". This means that when 1 spouse dies, the surviving spouse becomes vested with 100% ownership. At this point, you can consult directly with a prpbate attorney in the area for further advice.
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