Who does a house go to if theres no will in a death?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Who does a house go to if theres no will in a death?

My mom passed away and she has a house loan
threw a bank but there was no will stating who the
house goes to. So wanted to know who can get the

Asked on May 7, 2019 under Estate Planning, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In your state, if she was not married when she passed away (you do not mention a spouse) and there was no will, everything your mother owned when she passed away (including the house) will be shared among her children--if you're the only child, you inherit everything. 
That said:
1) The mortgage or home equity loan came due in full when your mother passed away and the bank is entitled to payment of it; if it is not paid, the bank can foreclose and its foreclosure right supercedes your right to inherit.
2) You have to have the court first authorize someone (e.g. you) as the estate's "personal representative" with authority to manage the "estate" (what she left behind) and transfer it to the people (including you) who will inherit. 
You are advised to retain an attorney to help you.

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