As I am not a lawyer or a legal professional, this answer should be considered subject to error, and temporary until a professional improves it. First, the laws of the state in which the decedent lived will dictate the answer. IF it is a community property state, and unless there is conveyance evidence to the contrary, the surviving spouse should be entitled to an undivided one halfcommunity interest in the property. The other half interest would we apportioned in accordance with the decedents will. In the event that the decedent died "Intestate," meaning without a legal will, then the heirship laws of the state would specifiy the apportionment of that second half of the property, and other non-community interests to any other legal heirs. The decisions regarding All of these points, and others, are determined by the Judge of the Probate Court [or what is called Succession Court in Louisiana].
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