Legal Question in Wills and Trusts in New York

If there is no will, the spouse would be entitled to her intestate share of the decedent's estate. Until a court makes a determination she cannot merely "take the house".

In addition, you may be entitled to a lien for reimbursement for some of the expenses incurred.

Unless they had a premarital agreement, David is correct - that she has statutory rights as a wife, irrelevant to where they resided. She may not be entitled to specific assets, like the house, but has an interest in its value. As to your reimbursement, be aware that a claim could be made that what bills you paid were in lieu of rent, so you might not be reimbursed. I suggest you retain an attorney to assist you. This is a response to an Internet question and the reply is for information purposes only and is not intended to be legal advice or as creating an attorney-client relationship.