if husband dies leaving no will who does house belong to i am second wife and my name is not on mortage?
359630
It will all depend on the local laws of the state. You mention your name is not on mortgage - but is your name on the house title deed?\n\nIf your name is on the deed, up to 50% of the house MAY be yours - and you may have claim to the other 50% - again depending on local law.\n\nIf your name is NOT on the title deed, then you may have claim - but the decision may have to be made by a judge.\n\nGood luck
936240
Ignore all of the above answers.  They are plain wrong.\n\nIf he died without a will, the law of "intestate succession" in Ohio will determine who gets what portion of his estate, or his assets.  Generally speaking, the law of intestate succession provides that the estate will go to the spouse, and if the spouse died first, then to the children, if any. So if you are his only child, generally speaking, you should get everything.\n\nIn order to settle an "intestate" estate (one in which the person died without a will) the next of kin must go to the local surrogate to have administrator appointed (In contrast, if a person dies with a valid will, this step is uneccessary, because the will will ususally appoint an executor in its terms).  The person seeking to be the administrator of an intestate estate generally has to post a bond (but may vary in Ohio, depending upon Ohio law) to protect the administrator from screwing over the beneficiaries.  \n\nOnce appointed, the administrator has to "settle the estate.  That is, marshall (or gather) the deceased person's assets, pay his debts, and then, if anything is left over, distribute the residue (what's left over) to the beneficiaries.  \n\nIf your father had assets, and no real debt, and you think there will be a good amount of money left over from his estate (the "residue") and you fear your aunts will steal what is rightfully yours, you should hire an Ohio lawyer to 1) contest them being appointed administrators, and 2) have you appointed as administrator instead.   This will cost you money, but it will generally be paid out of the residue of the estate.  In other words, the lawyer will try to have you appointed as administrator, and if he is successful, he will help you settle the estate, and take his fee from the residue (what's left over after all debts are paid). It is very much worth the money.  \n\nIf you do get cheated, you might be able to resort to the bond which the administrator likely had to post.  Contact a lawyer to find out how.  \n\nGo to www.martindale.com to find a lawyer who practices estate and trust law in the county in Ohio in which your father resided or died.  Do not delay in contacting a lawyer, as the sooner you challenge your aunts actions, the better.  \n\nGood luck.
174169
I think you need to ask a lawyer in the jurisdiction where you live. I suspect your brothers portion of the mortage will still be owed to the mortgage company.\n\nDoes he have a will? That can make a difference.\n\nThe idea that a person's debts die with them may not be true. The debts may become a part of their estate along with any assets.
250265
Possibly yes after a person dies the debt collectors go after the estate. So if her name was on the deeds the might be able to. It is something to talk to a lawyer about.
485701
No..the wife isn't..In fact some states will not even entertain the thought of splitting the property between the spouses when the other has inherited in a will...Let's ask you the question..If you were left a will prior to you marrying your husband, should your husband be entitle to it? Even if you inherited the property while married, it's still yours..It was willed to you.\n\nThe answer is simply no...\n\nAnything outside that..I suggest you consult with an attorney.
1004480
This has nothing whatever to do with marital property rights, community property or anything else. (Although would be important in other circumstances.) But here, your name is on the deed.\n\nIf your name is on the deed then you have an interest in the property. If the deed is simply to you and your spouse with nothing further stated then your interest is the same as your husband's.
225301
If you didn't sign the final closing documents and were not married to him then there is nothing you can be held responsible for.\n\nEven if you filled out some of the first applications you would have needed to sign at closing. Even if you intentionwas to be with him and pay it off together, your intentions at that time do not hold you accountable legally if you didn't sign your name.
1138497
See a lawyer with your husband and he/she will get the ball rolling with the paperwork involved to change the title/deed to the new joint owners if this is what your husband agrees to!!! \n\nIf he does not, he better set it in his will at that same time to say that if anything happens to him that the rightful person(s) receives the property upon his demise!!!\n\nGood luck.....
699019
It depends upon how the property was owned by your mother and step-dad.  If their names were listed as John Doe and Jane Doe, joint tenants, then your step-father became the sole owner once your mother died.  If that happened, once your step-father died, the land passed down according to his will or to his heirs if he died without a will.  As a stepchild, you are not considered one of his heir if he died without a will.\n\nYou really need to go to the county courthouse to see how the land was titled when your mother was still alive. Once you have that information, post a new question on her stating exactly how the official records showed the way the land was owned, leaving out the actual names of course.
613422
The law setting out who gets what is called intestate succession.  Each state has a statute that sets this out.  The statutes differ from one another in some respects.\n\nIn general: \n1.  Property that was held in some form of "pay on death" title will go to the surviving co-owner.  Typical of these are: beneficiaries to life insurance, persons holding property as "joint tenants", the beneficiary of a trust account at a bank or savings and loan.\n2.  In a community property state the surviving spouse receives all of the community property.\n3.  In a non-community property state or as to non-community property in a community property state the surviving spouse gets all if the deceased has no living descendants.  If there is one child (or the issue of the deceased only child) the child and the spouse split 50:50.  If there is more than one child, the spouse and the children split 1/3rd for the spouse, 2/3rds for the children.  \n4.  The  only time the state gets the estate is if there is no will and there are no known relatives.
948212
If your name is not on the mortgage then you may not be liable for the debts incurred on the house.\n\nIf your name is on the title then you have a stake in the assets of the house.\n\nIt seems you are sitting pretty.
108592
Sorry to hear about your loss.  You will probably need a probate attorney or talk with your stepmother on getting the items.  Problem:  He married her and she become the first beneficiary without a will.  Technically, everything will go to her.  If there were no spouse, it would be the kids and so on.  But since there is a spouse, work it out with her or hire an attorney and send everything to probate.  You might still not win unless you have witnesses to back up your side of the story.  Legally, she gets everything.
944186
Laws governing property and spousal rights vary widely from one state to the next. Go see a lawyer. Initial consultations are usually free.\n\nWith that said, in many states it doesn't much matter whose name is on the mortgage. Assets acquired while a couple is married are generally considered to be jointly held. And so, a wife who moves out nonetheless has a property interest in the house whether she co-signed the mortgage or not. The same is true for any other property and investments.\n\nIt will behoove you (especially if there are children involved) to not be guided by what any of the folks here are saying (including myself). Call a local lawyer who will help you to keep a share of what is rightfully half yours.
11932
As usual with law-related questions on Yahoo! Answers, far too little information has been given to answer this question adequately.  Texas is a community property state, which means that unique laws apply to possession of property.  If the decedant received the real property and mineral rights as premarital property, a gift to one spouse, or through an inheritance, it is considered separate property.  If the property is community property, the decedant has the testamentary capacity to device his half of the community property.  In Texas, community property has a survivorship aspect, and the 1/2 goes to the widow or widower in absence of  a will.  From the limited and incomplete facts presented, the surviving spouse, assuming the decedent died without a will, should receive the entire sum of community property.\n\nWithout more specific information, this is the extent of the information I can offer.  I recommend you seek an inheritance attorney for the specifics of this information.
758516
Rdyjoe's answer does not seem to understand that if someone dies intestate, they do not have a valid Will.\n\nSection 61B subsection (6) of the WILLS, PROBATE AND ADMINISTRATION ACT 1898 (NSW) states:\n\n--\n\n(6) If the intestate leaves no spouse, no issue and no parents, the estate shall be held for the following persons living at the death of the intestate and in the following order and manner: \n\n(a) firstly, in statutory trust for the brothers and sisters of the whole blood of the intestate; but if there are no such brothers or sisters, then \n\n(b) secondly, in statutory trust for the brothers and sisters of the half blood of the intestate; but if there are no such brothers or sisters, then \n\n(c) thirdly, in trust for the grandparents of the intestate and, if more than one of them survive the intestate, in equal shares; but if there are no such grandparents, then \n\n(d) fourthly, in trust for the uncles and aunts of the intestate (being brothers or sisters of the whole blood of a parent of the intestate) and, if more than one of them survive the intestate, in equal shares; but if there are no such uncles or aunts, then \n\n(e) fifthly, in trust for the uncles and aunts of the intestate (being brothers or sisters of the half blood of a parent of the intestate) and, if more than one of them survive the intestate, in equal shares. \n\n--\n\nParagraph (a) seems to be the relevant one here. It says it goes to the sister of the intestate but does not mention her kids. I think that's your answer - nieces and nephews probably cannot claim under the intestacy laws.\n\nThere may however possibly be a testator's family maintance claim if the aunt had a moral responsibility to provide for the nieces and nephews, especially if they were in her care. I don't know if this might be stretching the circumstances though.\n\nI hope my answer helps.\n\nI hope this helps.
265306
Ideally, your name is in the vesting of title.  ie owner one and owner 2 as joint tenents with right of survivorship.  If you were not on title, you need to prove that your were effectively a joint tenent.  This is easy if you were married, or common lay wed.  If you were not, your state specific laws come into play.  You can look on youyr states Dept of Real Estate Website, wihich is typically linked to the states official site.  At the very least they will have a number you can call for more information.  Good Luck.
20303
NO! YOU CAN'T .THE HOUSE HAS BEEN COUNTED AS PROPERTY THAT BELONGS TO BOOTH OF YOU (RIGHT!)THEN IF YOU SELL THE HOUSE YOU HAVE TO GIVE HALF OF THAT MONEY TO YOUR  EX HUSBAND AND YOU WILL GET STUCK WITH ANY MONEY YOU SPENT TO SELL THE HOUSE. SORRY!