Does a spouse have rights to property and the contents in the house when his wife dies and his name is not on anything?

Answer 1

You haven't included enough detail. It depends on whether he died before the testator or after he had inherited.

If before, generally no unless she is mentioned in the will under which her husband inherited as the alternate beneficiary. Otherwise the gift will lapse and become part of the residue of the testator's estate, or pass to the husband's children or to his siblings if he has no children.

If after, the gift would become part of his estate and would pass by his will or according to the laws of intestacy if he had no will. In that case, the wife would inherit at least a portion.

If there was no will and he died before the decedent then his share will pass to his children or siblings. If he died after the decedent and there had been no will then his inheritance would become part of his estate the gift would become part of his estate and would pass by his will or according to the laws of intestacy if he had no will. In that case, the wife would inherit at least a portion.

You can check the laws of intestacy at the related question link provided below.

Answer 2

It depends on her will and if there is anyone else on the deed. Community property states would pass it on to the spouse.

==Clarification==

In a non-community property state where the wife, as the owner of the property, died intestate the property would pass according to the laws of intestacy. In that case the children may receive an interest in the property. You can check the laws of your state at the related question below. As for community property states, the laws are different in each state. If the property was acquired by the wife prior to the marriage it generally would not be considered community property.

There are so many variables in answering the question that you should seek the advice of an attorney in your area for a definitive answer.

Answer 3

In every state except Louisiana a surviving wife inherits all or a portion of her husband's property even if he failed to include her in his will. A surviving wife is also entitled to a portion of her husband's estate under the legal doctrine of election in most states. You should consult with an attorney who can review your situation and explain your rights under your state laws.

You can check the laws of intestacy for your state at the related question link.

Answer 4

The answer depends on several factors:

• When the real estate was acquired by the husband- before or after marriage
• Whether they live in a community property state or a separate property state
• The probate and intestacy laws of the jurisdiction

Answer 5

Depends on the laws of where he resided.