What rights does my stepmother have if my dad passed and their house was not in survivorship but is in both their names?

She wants to put the house in her son’s name. Can she?

Asked on July 3, 2012 under Estate Planning, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the home that you are writing about was not in joint tenancy with the right of survivorship between your deceased father and your now living step-mother, most likely she owns one half interest in it and your father's interest would be subject to what is stated in his Will or trust and if not the intestacy laws of his state of residence.

Your step-mother can give whatever interest she has in the house to her son. I suggest that you consult with a Wills and trust attorney about this matter and bring him or her a copy of the deed to the property you are writing about.


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