Mabelvale, AR asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arkansas

Q: If a couple bought a house 34 years ago and husband died 33 years ago. The wife never remarried. Is it her house?

The husband did not have a will. And it never went through probate. But she never took his name off of the house. The wife recently died with one surviving son, who has and was living in the house for 27 out of 34 years. And now the husband's children want there part of the house. She also dyed without a will. But the husbands children think they deserve money for the house.

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Knoxville, TN

A: More than likely the wife took the fee as the surviving tenant by the entirety, which would mean her heirs own it as tenants in common. But it all depends on what estate was created when they purchased it. Hire a competent AR attorney to search the title.

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