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

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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
house?

Asked on May 7, 2019 under Estate Planning, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


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