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Can my husband kids claim our property after his death?

Updated: 8/17/2019
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15y ago

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State laws vary, and your husband's children may be able to claim a portion of his estate unless he does some estate planning now. All your property and accounts should be held as joint tenants with the right of survivorship. If not, then your husband should have a will drafted by an attorney who specializes in probate and estate planning. If he does neither then his children may be able to claim a portion. You can check the laws of intestacy in your state at the related question link below.

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Q: Can my husband kids claim our property after his death?
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Texas property 48 ac plus home owned by husband and wife with 6 children husband dies how is the property supposed to be divided?

Assuming no Will, if community property, then all goes to wife. If separate property, then divided between wife & kids.


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I suppose the CP could appoint her friend as the children's guardian in the event of her death, but the ex-husband could contest the will.


Father in law did quick claim deed after his 1st divorce and left it to his 3 kids does second wife of 10 years have right to inherit half of land upon his death even thou quik deeded befor married?

If your father-in-law QUITCLAIMED his property to his three children and the deed was recorded in the land records before his death then his widow has no rights in the property. It was not in his estate when he died.


If husband's name is on a deed he dies he has a surviving wife he has 2 surviving adult children there is no will who inherits the real property?

The wife and kids.


Can your ex-husband claim your kids on his taxes if he hasn't seen them in two years?

No. He can't even claim them (if they live with you) when he see's them every week. If you get a letter from IRS saying that he is claiming them - be sure to write back and explain the situation. He will have to pay more tax and you will get to claim them.


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Can a second husband give his kids his house that his current wife and he own upon his death?

If the husband is the sole owner, most states have a provision in the law that protects a surviving spouse from disinheritance. It is called the right of election. The surviving spouse can file a claim with the probate court and will receive a portion of the estate. If the home is the only property in the estate, the court would likely award the surviving spouse a monetary portion that would need to be paid by the heirs if they wish to keep the house. Or, the surviving spouse would need to buy out the other heirs. If you find yourself in this position you should seek the advice of an attorney who can discuss the provisions of the law of election in your state and help you file a claim. If on the other hand you both own the property it depends on how you hold title. If you hold by a survivorship deed then upon his death the property will automatically become yours alone with no need for probate. If you own as tenants in common, his half share is separate property, his estate would need to be probated upon his death and will be addressed as in the first paragraph above. If you live in a community property state he may be unable to include the property in his will or exclude you from inheriting it. In that case, you should consult with an attorney to determine your rights under community property rules in your state. COMMUNITY PROPERTY STATES • Arizona • California • Idaho • Louisiana • Nevada • New Mexico • Texas • Washington • Wisconsin


Should After death of the husband property goes to wife or wife and children?

Well I personally would say wife if as a couple you help build that house up buy it etc. Why should that house go to the children if the wife dies then yhh she can pass it on to the kids. I say just the wife. That is my opinion what do you think?


If you have a will leaving all property to your kids can your wife get it anyway?

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Did Jackie cochran have any kids?

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