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The answer depends on whether your name was on the deed when your husband granted the mortgage. If it was not, the lender can take possession of the property by foreclosure if the mortgage isn't paid. You need to consult with an attorney who specializes in probate who can review the title to the property and explain you rights and options.

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12y ago
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8y ago

It depends on when & how the real estate was obtained. (This is a discussion beyond our capabilities here.) Typically the wife would go through the probate process to transfer the deceased husbands interest in the real estate to his heirs.

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12y ago

First the husband's estate must be probated. If the wife acquired any interest then her estate must be probated. You need to consult with an attorney who specializes in probate law.

First the husband's estate must be probated. If the wife acquired any interest then her estate must be probated. You need to consult with an attorney who specializes in probate law.

First the husband's estate must be probated. If the wife acquired any interest then her estate must be probated. You need to consult with an attorney who specializes in probate law.

First the husband's estate must be probated. If the wife acquired any interest then her estate must be probated. You need to consult with an attorney who specializes in probate law.

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9y ago

The husbands estate must be probated. Generally, the property will pass according to the laws of intestacy in their jurisdiction. If the husband left the property to someone else in his Will the widow can petition the court for an intestate share in most jurisdictions under the legal doctrine of election.

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8y ago

In most cases, she does not have to do anything. Most states require the property of a married couple to be held as tenants by the entirety, which means she gets the property on his death, without having to do anything other than file a copy of the death certificate with the deed.

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8y ago

That depends on the laws in your jurisdiction, negotiations between the parties and the judge. You should seek the advice of an attorney who specializes in family law in your jurisdiction.

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12y ago

First the husband's estate must be probated. If the wife acquired any interest then her estate must be probated. You need to consult with an attorney who specializes in probate law.

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9y ago

She must consult with an attorney who is familiar with the laws in that particular jurisdiction. She may have a statutory right to a share in the estate that she can elect to take by law.

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Q: What happens to a house if the wife's name is not on the deed and the husband leaves the house to someone else in his Will?
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