Who has right to house if divorce not completed?
Question Details:
My mother passed away and didn't leave a will. She was trying to divorce her husband that is in federal prison. They had been separated before he went to jail. The divorce paper was filed, he refuse to sign. My sister stayed in the house with my mother, and is now concerned as to where she will reside. My mother paid all bills for the last 3 years. The house was apparently refinanced and my step-father's name was added to the loan and maybe deeds. What right do me and my sister have in this house that we grew up in over the years?
Wills, Trusts, Probate Law Answers
If your mother died without a will, then the state intestate laws determine who inherits her property. According to the law, you and your sister have a right to the house but it must be shared equally with your mother's surviving husband. You may want to consider consulting a trust and estate attorney in your area so that you and your sister can learn what your legal options are regarding your share of the house. You may, for example, want to buy your step-father's share of the house so that you and your sister own it completely.
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