Entitlement of myself and siblings following our dads death

Dad was married but separated. He was living in the family home, as his wife moved out but was taking him to court. She paid for the house 20 years ago but it is in both names. They didn’t have children, but both have children from their 1st marriages. She says he owed her a lot of money and plus he left some debt. They are mortgage free, and the house is worth about 350,000. Are we entitled to anything

Asked on October 30, 2017 under Estate Planning, Alaska


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss.  If they were not divorced or had a valid separation agreement and the house was jointly owned with a right of survivoriship (generally that is how husband and wife own things) then it likely passed to her automatically at the time of his death.  You need to find that out (the wordking on the deed). The issue with his owing her money and the debt are not your issues.  You have no obligation to pay his debts.  Good luck.

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