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The answer depends on many factors including:

  • How the property is titled: If she and her husband owned their property (home and bank accounts) as joint tenants with the right of survivorship then the property will pass to him automatically as the Survivor.
  • The laws of intestacy in her state: Any property she owned in her own name will pass according to these laws. You can check the laws in your state at the related question link provided below. Many states provide a share to adult children. Some states provide a share only to children who are not children of the surviving spouse. Some state laws pass all property to the surviving spouse.

You should consult with an attorney who specializes in probate who can review your situation and explain your rights and options, if any.

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Q: Our mother died has eight children and a second husband of 25 years and no will. Her house and property are all paid for. How will her property be divided?
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