Tell City, IN asked in Real Estate Law for Indiana

Q: My husband owned the house before we were married if he died will I still be able to own the home?

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1 Lawyer Answer
Michael R. Smith
Michael R. Smith
  • Indianapolis, IN
  • Licensed in Indiana

A: I assume nothing has been done so far and the house is still entirely in the husband's name. In that case, if the husband dies, the house will pass to his heirs either under his will, if he has one. If dies without a will, the house will pass to his heirs according to the rules of intestate succession. Whether the wife gets the entire ownership of the house depends on whether there are other survivors and what their relationships are to the husband; however, I can't think of a situation in which the wife would not receive at least partial ownership of the house.

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