After my father’s death am I entitled to any of his property

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

After my father’s death am I entitled to any of his property

My father inheireted 10
acres from my
grandmother. Upon
marraige to his 6th
wife he added her name
to the deed for a loan
they were getting on
the land. He died last
month, am I entitled to
any property. This is
in missouri

Asked on May 9, 2019 under Estate Planning, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on how she was "added" to the deed, and whether there is a will, and if so, what it says.
There are two ways a married couple can own property together (both be on the deed): 
If your father and wife #6 were on the deed as "tenants in common," each had a separate 50% interest in the property. When he died, she kept her 50% interest; his 50% interest would be inherited. If he had a will, it would go to whomever he willed it to--which, of course, may be her. If he did not have a will, then under the rules for "intestate succession" (inheritance when there is no will), she gets half of his 50% interest, his children from someone other than her (i.e. you and any siblings or half siblings you have) get the other half of his 50%. She would end up as a 75% owner, his children (however many there are) would share the other 25%.
If he and she were on the deed as "joint tenants with right of survivorship" or JTROS, then on his death, she instantly and automatically, as the surviving "tenant" or owner, became the sole, 100% owner (the same he would have become 100% owner if she died before him).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption