After my father’s death am I entitled to any of his property
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 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).
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