US Legal Forms
Legal Resources
Questions & Answers
Wills and Estates
Are children entitled to half the house after a parent's death?

Are children entitled to half the house after a parent's death?

Full question:

If a husband and wife are married legally and has 3 kids together, there are no outside children, once the husband or wife dies are the children entilted to half the house that belonged to the deceased?

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

Answer:

If a person dies without a will (intestate), the distribution of their estate depends on whether they have a surviving spouse and children.

1. If the deceased has a surviving spouse and children, the spouse receives one-third of the personal estate and a life estate in one-third of the land. The remaining two-thirds of the personal estate and the other two-thirds of the land go to the children.

2. If there is no surviving spouse, the children inherit the entire estate.

In your case, since the husband and wife are married and have three children, upon the death of one spouse, the children would inherit the remaining share of the house after the surviving spouse's share is accounted for, not necessarily half of the house. This follows the intestacy laws as outlined in the relevant statute (see § 38 of the applicable state law).

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

When a married couple dies together who inherits?

If a married couple dies together, the distribution of their estate typically depends on their wills. If they die intestate (without a will), the laws of intestacy in their state will apply. Generally, their children would inherit the estate equally if there are no surviving parents or other heirs. In some states, if both spouses die simultaneously, the estate may be divided equally among the children. It's essential to consult state laws for specific rules.

What happens if both husband and wife die together?

If both spouses die together, the estate is usually distributed according to the laws of intestacy if there is no will. Typically, their children will inherit the estate equally. If there are no children, the estate may go to other relatives, such as parents or siblings, depending on state law. It's advisable to check the specific intestacy laws in your state for accurate guidance.

Who inherits if both spouses die at the same time?

If both spouses die at the same time, their estate is typically divided among their children if they have any. If there are no children, the estate may pass to other relatives, such as parents or siblings, based on state intestacy laws. The exact distribution can vary by state, so it's important to refer to local laws for clarity.

Does inheritance go to kids or spouse?

In most cases, if a person dies and has both a surviving spouse and children, the spouse receives a portion of the estate, while the children inherit the remaining share. The specific distribution can vary by state law, but generally, the spouse may receive a life estate or a set percentage, with the rest going to the children. It's advisable to check the intestacy laws in your state for precise details.

What happens if your husband dies and your name isn't on the house?

If your husband dies and your name is not on the house, the inheritance laws in your state will determine what happens. If he owned the house solely and died intestate, you may have a right to a portion of the estate, but the house could pass to his heirs, such as children or relatives. If there is a will, it will dictate the distribution. Consulting an attorney can provide clarity based on your situation.

When a husband dies what is the wife entitled to social security?

When a husband dies, the wife may be entitled to survivor benefits from Social Security if they were married for at least nine months before his death. The benefit amount can be up to 100% of the deceased spouse's benefit, depending on her age and other factors. It's important to contact the Social Security Administration to understand eligibility and the application process.