If my husband dies and does not have a will, and my name isn't on the deed, will the house go to me or to his eldest daughter? Does it matter that I'm his second wife?
by 
susan whitter
ANSWERS: 5
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Depending on the state, it could even go to his daughter even if he did specify leaving it to you in his will. In some states what is said in a will can override a deed, and in other states the deed overrides the will. But since you have not been listed as the person who gets the property in either the will or on the deed, then the house will go to his next of kin. My mother is in a similar situation with her second husband and he won't put her name on the deed (which in CO, the deed supersedes the will). She is pretty much planning on buying a condo or a townhome if her husband is to die before she does. On a side note, she is more upset about the fact that he won't provide for her in the case of his death, so if you have feelings like this too, I would suggest trying to talk to your husband about it so maybe he can make a plan. I would also suggest speaking with a lawyer if you can afford it because in some states you might have a case to argue for the property if you have contributed to the mortgage for any significant amount of time. Good luck.
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A surviving spouse is considered an "heir" under most state laws, and has some entitlement to the property of the deceased, irrespective of whether the spouse is the "second wife." The property of someone who dies without a will or other estate planning document (e.g., a trust) will be distributed according to the laws of intestate succession in each individual state. These laws are in statutes and will specify which parties have an entitlement to the estate property; often they call for property to be split by percentages among heirs, including wives, children, etc. You'll need to address the laws of your state for more specific information.
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I is entirely dependent on your state's laws. Here in Louisiana if the first wife has no part in the house then the house would go to the husband's children and to you in a 50/50 split with you having the user frux(I'm not sure on the spelling). This means that the house is essentially yours to do with as you see fit but that the value of the house should you sell would be split between you and the children. You can find out the laws concerning this at your local court house. If you have a hard time with the legal jargon then consult a lawyer.
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If my husband and his brothers each own one third of a house, and the house was in trust, but is now on the market to be sold, do I have rights to his third if something were to happen to him? He does not a have will. Naturally, I want him safe and sound, but I know in this day and age one must examine all the possibilities financially. I am a home maker without children in the process of going to school. My husband does not have a will, but I do have concerns about his health due to excessive drinking. Does everything go to the wife, and if so how does this process work? Love my husband, but I worry!
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The other answers are generally correct considering you did not give a jurisdictional. A spouse is an heir. A child is an heir as well. In many jurisdictions, the spouse will get a percentage of the house and the children would get a percentage as well. In California (and probably other community property states), the spouse would receive 100% of the house if it was community property, or 1/2 of the house if it was separate property and there was only one issue (i.e. child).
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