Q: My husband of six years passed. Are my step-children entitled to any part of the home he owns?
My husband's intent was to quick deed the home to me, but because of his illness and sudden death, he did not do it. he verbally expressed his wishes to me. There is no will or living trust and my name is not on the deed.
A: I would say it depends on when and how it was acquired. The oral agreement probably means nothing. Your name not being on title is a presumption that it is your husbands separate property but not the answer. Was it acquired before or during marriage? Was the down payment from his money from work or from other source like a gift or from before marriage? Were mortgage payments from his work or from other source? Was there a pre nuptial or post nuptial agreement? All of these factors are considered to determine if it is separate or community property. If community property you could get 100% of the house. If separate property you might only get 1/3rd of the house. Or maybe it’s a combination of community and separate in which case you’d get somewhere between 1/3 and 100%. I would definitely talk to an experienced probate attorney to see what is best here. A spousal property petition might work which would be great for you.
A: General Rule: If a husband predeceases a wife with no Will and the husband has more than one natural and/or adopted child the spouse will inherit all of the community property and 1/3 of the deceased's separate property. The natural and/or adopted children inherit, equally, 2/3 of the husband's separate property. You should retain competent legal counsel to assist you.
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