Property Owners with a Will

• In the case that a legal will exists, whatever it says about property division will be upheld in court. Note that a will is more than just a list of belongings scribbled on a cocktail napkin. To make sure that a will gets carried out as planned, the author should take the document to a lawyer or title company, to ensure it is in clear terms and legally binding.
  
  

Property Owners without a Will

• If there is no will for your late spouse, as long as you are a legal spouse, you (and your children, if any) will become the owner of any property in their name. In the event that your spouse had children from a different marriage/relationship, those children will also be entitled to part of the property.
  
  

Court Decisions

• Several factors may be taken into account by the court as it rules on division of property is decided.
  
  * contributions members have made to their family (financial and otherwise)
  * length of marriage
  * alimony and other provisions
  * the part any family member took in helping to acquire the deceased's assets
  
  

Pension and Retirement

• The court will determine how pension and retirement factor into the division of property. The court has the ability to transfer one spouse's fund to the other, or to decide that these funds should not be transferred. This area is best handled by a lawyer.
  
  

Will resources

• Though the hope is certainly to live for a long time, life is unpredictable. It's best to get started on a will early. Any homeowner with a spouse, children and anyone who would be legally entitled to some of their estate, should create a legally binding will.