What happens to my widowed sister-in-law’s house if she died without a will?
3 attorney answers
Christine James is correct.
Likely both sides have interest in home.
Two probates are likely needed:
!. Probate of deceased H to determine widowed SIL interest in house, followed by;
2. Probate deceased SIL estate.
I need much more case specific information and title review needed to opine more precisely.
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I respectfully disagree with Mr. Johal. It is likely both sides of the family have some interest. In order to determine what that interest in, an attorney is going to have to look at the title, the length of the marriage, etc. A probate attorney can help with this.
If the home was just in her husband’s name, then your sister-law has no claim to the home. Since the home was in her husband’s name, his estate has to be probated. Your Mother-in-law has no rights to the home. Your sister-law could attempt to claim a community property interest in the residence even though it was just in husband’s name. You really need to consult with an estate planning attorney.