If I own my own home, when I die does it go to my husband or to my children if there is no Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I own my own home, when I die does it go to my husband or to my children if there is no Will?
Asked on June 29, 2015 under Estate Planning, North Dakota
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If there is no Will, the rules of intestate succession determine inheritance. Intestate means dying without a Will.
Under intestate succession, your surviving spouse inherits your entire estate. Therefore, your surviving spouse inherits your home.
If there is no survivng spouse, your estate will be divided equally among your children. If there is a deceased child, who had children (your grandchildren), they would inherit the share of your estate that their parent (your child) would have inherited had your child survived.
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.