Legal Question in Wills and Trusts in Pennsylvania
in my wifes will she left everyting of hers to her children. if the house is both of our names are her children intitled to half the price of the house?
1 Answer from Attorneys
It depends on the type of ownership you and your wife have. If it was as husband and wife [if the deed used those words after your names] or it the deed said "joint tenants with right of survivorship", sometimes written "jtwros", then upon her death, you automatically became the sole owner. If those "magic" words were not mentioned, you were what is called tenants in common, and her half interest in the house is part of her estate. If she had a Will and left everything to her children, her interest in the house would be part of what the children would get.
The house need not be sold, but if it is, they would be entitled to their share of the proceeds of sale.
You may want to consult an estates lawyer to help you determine what rights you have.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
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