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She should have the rights to the house. Normally when a person dies without a will, the state has a default will that they use to determine who gets the assets. Check with an attorney for your state. * In every state the current spouse of the deceased is entitled to the homestead or a portion thereof. Generally the largest portion of an estate is awarded to the surviving spouse by means of the state probate succession laws when the person dies intestate. Furthermore, the primary residence of the married couple is never entered into probate procedure in community property states or included in probate procedure in other states unless the property title bears the names of persons other than the surviving spouse.

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2006-04-01 16:13:34
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Q: Does a wife of 20-years have the legal right to the house when the husband dies without a will and he had children from a previous marriage?
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