What are my rights if my mom passed away and she and her husband owned a home and now he just he just passed away?

Question Details:

My mom passed away a year ago. She and her husband owned a home. Now he just passed away Neither of them had a will. His kids live in the house. Can I make them sell the house to give me my share of the homes worth? They also had bank accounts, cars and all my mothers stuff.

Asked 11/12/2009 under Wills, Trusts, Probate | 189 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

You mother's interest in the home passed to her husband upon her death as she had no will.  Therefore, upon the husband's death, his property goes to his heirs because he similarly did not have a will.  The heirs of the husband are entitled to the home and your mom's assets in the home as they passed to her husband upon her death.  Any bank accounts that were in both their names are survivor accounts where the money passed to your mom's husband just like the house upon her death.  I do not believe that you are entitled to your mom's property as it likely belongs to her husband's heirs.  You are more than entitled to seek a second opinion.  

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