Legal Question in Wills and Trusts in Iowa
I live in Iowa. I have been married 5 years. The home we live in is under my husband's and his first wife's name (but she died 13 years ago). My husband refuses to make a will. If he dies, do I have a right to the house, or where will it go?
2 Answers from Attorneys
The widow is entitled to a 1/2 share or what is in the will if there is a will. On the other hand the home was acquired by him before the marriage so you might have problems with that if there are heirs involved.
If your husband and his now-deceased wife took title as joint tenants, the house is his now. If they were tenants in common, which would be unlikely, her half interest would go to her heirs, or devisees if she had a will. This might be only your husband, depending on whether she had children, and whether those children were also your husband's children.
Without a will, and without you being in title, what happens to the house would depend on whether your husband has children and whether those children are also your children. If you husband had children with he now-deceased wife, you would get half of the real estate and his children would get half. If he had no children, or if all of his children were also your children, then you would own all real estate owned by your husband.