If my mother died with a surviving spouse, am I entitled to any property they owned together?

Asked on June 10, 2014 under Estate Planning, Washington


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

Answered 6 years ago | Contributor

I am so sorry for your loss.  Generally speaking, when a person dies holding property with a spouse that property passes to the spouse automatically at the time of their death.  The property is generally held "with rights of survivorship."  You would have to take a look a the deed but 9 times out of 10 that is the case. So no, you would not be entitled to inherit any part of the property.

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