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Lindenhurst, NY |

Someones husband passes away. There is no will.

I don't remember if the wifes name is on the deed if it matters at all.

The house belongs to who?

1. Can the children of the couple lay a claim?
2 Can other heirs (relatives) attack this?
3. Or does it automaticallly go to the wife?

Attorney Answers 5


  1. Best answer

    Depends on the deed. If Wife's name is on the deed, then if they were tenants by the entirety, then she gets the whole house. If only the husband's name is on the deed, then the. Wife's elective share would be the fiest $50,000 and half of the remainder. The other half is divided among the children. Bring the deed to a lawyer to review and advise you.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. It does matter if wife's name is on the deed. If so, it is likely that it is a joint ownership with right of survivorship, meaning wife will inherit the whole property, as it will pass to her automatically outside of the probate process, will or no will. If not on the deed, husband's estate without a will passes $50,000 +1/2 to wife, balance to children.

    To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.


  3. Mr. Callahan offers sound advice. You should have an attorney review the deed and determine your rights under it. Many attorneys, including myself, offer a free consultation.

    Sincerely,

    Roman Aminov, Esq.

    Law Offices of Roman Aminov

    Estate Planning - Elder Law - Probate - Real Estate

    147-17 Union Turnpike | Flushing, New York 11367
    P: 347.766.2685 | F: 347.474.7344

    Roman@AminovLaw.com | www.AminovLaw.com

    This answer does not constitute legal advice and no attorney client relationship has been formed. Before choosing a course of action, it is always advisable to seek the advice of an attorney in your area.


  4. I agree with my colleagues. I would simply add that, even if wife's name is not on the deed, it is likely that the property would pass to her, in the absence of a Will. She would be the only heir, unless there are children. No one else can legally attack this. In the absence of a Will, you are stuck with the State intestate law. An attorney can help you sort this all out.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  5. If the wife is on the deed she is now the sole owner by operation of law when the husband died. If not the property is an asset of the husband's estate. Since no will the wife should file a petition to be appointed the administrator of the estate. The husband's property will be divided as follows: the first 50k to the wife and then 50 % of the balance of the estate to wife and 50% to be shared amongst the children

    My firm is a second generation family firm successfully handling personal injury and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900

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