ANSWERS: 3
  • Your fact pattern is very screwey so it's hard to give an accurate answer based on what you've provided; however, if that means that your husband has died and left a will decreeing 50% of everything to the children that means the entire state which will include his half of the house (the other half is yours). You will have to work out the details of the ownership of the house if you want to stay in it
  • If his name is not on the title, then the house does not belong to him. So he cannot give 50% of nothing. Now, some of this would depend on what your will says and who the heirs are of your estate and the timing of your or his death. Just make sure you get a good attorney to draw up a will so there's no question about who gets what when someone dies. If you dont have one and your property goes into probate, then things can get messy.
  • The answer to the question depends on how you own it with your husband. If you own the house as a joint tenant, then the whole house is yours upon his death. The will does not even come into play. If you own it as a tenant in common (or some other form of joint ownership) then the equation becomes more complicated. Upon the death of your spouse, half of the house is yours as your share of the community property. As a general matter, your husbands half will be distributed in accordance to the will. However, there are several situations that could change this scenario.

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