What are my rights to my late father’s house?

My dad and mom both made a Will together. The both now have passed; my dad recentlty died. Both of them left me all the real property and personal property. My dad also remarried a few years ago, yet never changed the Will as he wanted me to have it. My stepmom has decided to take the elective share, yet my question is due to the fact that the house was purchased and paid off before she married him, will I be able to keep it as it was supposed to be left to me?

Asked on August 12, 2013 under Estate Planning, North Carolina


Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

The answer depends upon the law of the state where your father lived. In a community property state, such as California, the house that he paid for before he married her would not be community property and would not be part of her elective share (unless he specifically designated it as community property). In other states, the house could be part of the elective share. I encourage you to talk to a probate lawyer in the state where your father lived. 

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