Q: Without specifications in a will, what happens to a home if multiple children and only hearsay on who gets the home?
A:
Hearsay does not count. Its called a will and it is in writing, signed by the person making the will in front of 2 witnesses who are not beneficiaries under the will and, to be self-proving, notarized.
If the will is properly drafted by a lawyer it will meet these requirements. A good will would either specify who gets the house or what is to happen to it (for example, it may provide that the executor is to sell the home and split the proceeds among the beneficiaries). A good will also has a residue clause providing who will get anything that is not devised elsewhere.
If there is no will or else the will does not contain a residue clause and makes no other provision for distribution of land, then an intestacy or partial intestacy will result. In such case, the property will pass as per the state intestacy laws. Usually, this provides for division of the property to any spouse and children and lineal descendants and, if none, then to parents and siblings and more distant relatives. At some point, state law provides that there is a cut-off and that very distant relatives cannot inherit.
If you are someone who has no spouse or children and not a lot of relatives, do not rely on hearsay (which is not enforceable) or intestacy laws. Make a will.
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