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That would depend on the tenancy recited in the deed to you and your husband. If a joint tenancy or tenancy by the entirety was created in your deed then he would become the sole owner of the property upon your death. He could then make his own will and leave the property to his own relatives when he dies. If there is no tenancy recited on the deed or it provides that you will hold the property as tenants in common then upon your death your interest in the property may be shared by your children and your husband according to the laws of intestacy in your state. Your children may receive nothing depending on the value of the estate. Alternatively, if the property is owned as tenants in common you could leave your half interest to your children in your will with a life estate to your husband. That way he could continue to live on the property and when he decided to sell or if he died your children would receive half of the proceeds of the sale of the property. You should seek the advice of an attorney to discuss your options.

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Q: Who would inherit my home if I die with no will with my husband on the deed and two children not of this marriage?
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My husband died five months after marriage who get the house and he had house before we married do I inherit it?

If no one else's name is on the deed you would get it.


If father remarried has children from second marriage and adult children from previous marriage are all his children entitled to inherit under Oklahoma law?

Yes. All the children would be considered heirs at law under the laws of intestacy. See related question link provided below.


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No. If your present husband is the father of the children of his previous marriage and is the custodial parent he would have to sue his ex-wife (the children's mother) for support.


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Your husband cannot get joint custody of your children from a prior marriage. Custody arrangements are made between parents of children. Your present husband can legally adopt your children with their father's consent. He would then have all the legal rights and obligations of a biological father. The children would become his legal heirs-at-law.


If the husband dies in Texas and there are no children who does his inherited undivided land go to?

Any property that he had will become a part of his estate. Usually the spouse will inherit it all, but there may be some provision for parents to inherit part of the property if there are no children. A will is important! And you would need to consult an attorney in Texas for specific rules.


What is a uncle by marriage?

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When husband dies with no will or children does his estate that he owned before marriage go to his spouse or closest blood kin in Texas?

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Can your husband sell your home from under you and your children after eight years of marriage?

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When you die is your husband entitled to live in the house until he passes away or do your 2 children inherit the house?

I assume that you are the sole owner of the house. You would need to check your state laws of intestacy to determine what your husband's rights would be if you died intestate, or, without a will. On the other hand, you could provide your husband with a life estate in your will.