If my stepmother passed away, can we get anything from the sale of the property that has my father’s name on the title?

My father passed years ago. My stepmother said there was no Will and we had no way of finding out. She said my dad that would not want us to protest the property in his name and if we did not cause trouble for her she would include my sisters and I in her Will. She passed last week. We went to the funeral and our stepsister said her wishes were to sell the house and slpit the money

between her the brother and 3 grandchildren; there was no mention of us. Our dad’s name is listed on the deed. I would think the survivors of both parties would have to sign off on the sale of the property.

Asked on October 18, 2017 under Estate Planning, Virginia


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

Answered 3 years ago | Contributor

I am so sorry for your loss.  If the property was owned by your Father and his wife as husband and wife under the laws of the state, then likely his share passed to her automatically at the time of is death.  And once that happened she could do with it as she pleased.   So if her Will gives it to her kids and grandchildren, that may be the end of it.  

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