Indiana Inheritance Question

My mother passed away in March 2006 with no will. My father remarried in December. They are selling the house and property my father acquired when my mother was alive. After reading several horror stories about step parents and step children I am wondering if I should be concerned.

Asked on June 15, 2009 under Estate Planning, Iowa

Answers:

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

Answered 11 years ago | Contributor

There are two scenarios here: first, they are selling the house and the real property (i.e., the acres it sits on).  If they held the house and real property as joint tenants with rights of survivorship it passed solely to your Father upon your Mother's death.  What he does with it is up to him.  Now, if you meant the house and other types of property (stocks, etc.) that is the second scenario and a portion of the other types of property are part of her net estate and a portion of that is yours.  I can understand that you would be concerned about your right to inherit from your Father when he passes away.  You should bring that up in a conversation with him and find out his wishes for your inheritance. Suggest he do a will and see an estate planner to protect his wishes.  Good luck. 


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