When Does the Spouse Inherit the House?
In many cases, the spouse can inherit your house even if their name was not on the deed. This is because of how the probate process works. When someone dies intestate, their surviving spouse is the first one who gets a chance to file a petition with the court that would initiate administration of the estate. In other words, they are the first to decide that it is time to begin dividing up any assets that we left behind by their deceased spouse.
What if My Spouse and I Had Children?
If the deceased has children with their spouse, the spouse still gets first priority when it comes to how property is distributed. In many cases, the children would not get anything because everything passed down to their remaining parent would likely pass down to them in the future. So having children generally will not complicate matters here, unless those children are from another relationship.
What if There Are Children from Another Marriage?
Children from another relationship are treated as a separate party from the deceased’s current spouse. As such, they also are entitled to some part of their parent’s estate when there is no plan and the assets are going through the probate process. In general, the current spouse and the children from a different relationship must split any property 50/50.
So if someone dies with a shared home and an additional $500,000 in real estate assets, that shared home would go to their spouse along with $250,000 in real estate. The deceased’s other children would then get their share of real estate assets, that other $250,000.
Talk to Our Estate Planning Lawyers
If you want to make sure that your family does not have to deal with extra stress or more things to worry about when you pass away, have an estate plan ready to go. Contact Herting Law, PLLC and start working with our lawyers today. We can make sure that there is no confusion over the house or other important pieces of property.
