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What are my rights to my husband's estate without a will?

What are my rights to my husband's estate without a will?

Q: What happens to my husband's business if he dies?

If your husband owned a business, its future depends on its legal structure. In a sole proprietorship, you may need to transfer ownership to continue operations. In a partnership or corporation, the business can continue, but the ownership interest may pass to you or his heirs, depending on existing agreements and state laws.

Q: What is a child entitled to when a parent dies with a will?

When a parent dies with a will, children are typically entitled to inherit according to the terms of the will. This may include specific assets or a share of the estate. If the will does not specify, state laws on intestate succession may apply, which generally ensure children receive a portion of the estate.

Q: What are the rights of a wife when the husband dies?

A wife generally has rights to a portion of her husband's estate upon his death, even if he died without a will. In many states, she is entitled to a share of the personal property and may have rights to the homestead. Specific entitlements vary by state law, especially regarding community property and elective share rights.

Q: Can stepchildren force a surviving spouse to sell homestead property?

Stepchildren typically cannot force a surviving spouse to sell homestead property, especially if the spouse has legal rights to the property. However, disputes may arise, particularly if the deceased did not leave a will. State laws regarding homestead rights and intestate succession will influence the outcome.

Full question:

My husband passed away without a will. He told his children they could have the business shop and I have the house. My stepchildren want everything, including all contents from the house and shop. I want to move and I know I am homestead. All contents from the house belong to me, but when I move do I still have all rights to the contents from the house, including the contents my deceased husband had before me? If they sell or rent any of the property do I have any legal rights even when I move out of the house? How do I find out if there was any life insurance before my husband and I got married? If so, do I have legal rights to a portion of it?

Category: Wills and Estates
Subcategory: Intestacy
Date: 04/07/2025
State: Texas

Answer:

When a person dies without a will (intestate), their estate is distributed according to state laws. If the deceased had children, the surviving spouse typically receives a portion of the estate. Specifically, if there are children, the spouse gets one-third of the personal estate and a life estate in one-third of the land, with the rest going to the children (see § 38(b) of state intestacy laws).

As the surviving spouse, you likely have rights to the contents of the house, especially if they were acquired during your marriage or are considered part of your homestead. However, the stepchildren may have claims to the business and other assets. If they sell or rent the property, your rights may depend on the specific assets involved and state laws regarding intestate succession.

To find out about any life insurance policies your husband had before your marriage, you may need to check with insurance companies or review any financial records. If there was a policy, you may have rights to a portion of it, depending on the policy's terms and state laws.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What business does not end when an owner dies?

Certain types of businesses, such as corporations and limited liability companies (LLCs), can continue to operate after the owner's death. These entities have separate legal identities, allowing them to survive beyond the life of their owners. However, sole proprietorships typically do not continue unless there are provisions in place, such as a succession plan or transfer of ownership to heirs.

What happens to a business when a spouse dies?

When a spouse dies, the business's fate depends on its structure. If it's a sole proprietorship, the business may cease unless transferred to heirs. For partnerships, the partnership agreement often dictates what happens, while corporations can continue operating as they are separate legal entities. The deceased's ownership interest may pass to their heirs or be subject to probate.