Do I have rights to my husband's house?

Asked on Aug 13th, 2011 on Estate Planning - Georgia
More details to this question:
My husband just passed away, I live in the house he owns with his ex-wife who is now dead. House Not in my name. My husband and I have 5 kids by his ex wife (who is dead) what are my rights?
Answered on Aug 18th, 2011 at 11:48 AM
You should get a lawyer and open probate. You have a right to a portion of your husband's estate.

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Answered on Aug 18th, 2011 at 10:46 AM
The answer depends in part upon who died first, your husband or the ex-wife? Another important factor is what does the divorce decree state? What is the property worth? What is the total value of your deceased husband's estate? Did he have a Will? Do you have a prenuptial agreement? Are any of the children minors at the date of his death? The question you ask is not a simple question. You should seek legal counsel and bring with you a copy of the divorce decree and information about the assets and the value of such assets in your husband's estate, without that it is difficult to determine your rights.

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Answered on Aug 17th, 2011 at 5:08 PM
Much of that will depend on if any of the children are minors or what documents you may have signed.

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Answered on Aug 17th, 2011 at 4:22 PM
That depends on how the deed is worded. You likely have some claim and should see a lawyer asap.

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