If a parent dies, does the property automatically fall to the spouse when there is no survivorship deed?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a parent dies, does the property automatically fall to the spouse when there is no survivorship deed?

My mother passed away about 8 years ago. There was a Will made but it was never put on record. The property was never probated. My father wants to give each of us a deed for an acre of land. How does he do this legally? Is the Will good and do all of the kids have to sign off on it or can he just deed the land to each of us?

Asked on July 18, 2012 under Estate Planning, Kentucky

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your loss.  So the Will was never submitted to the probate court to be probated. That could or could not present a problem here.  How the deed was held between your parents will be the decideing factor.  Generally when you are married you hold property either as tenants by the entirety or as joint tenants with rights of survivorship.  If the deed was held this way then probate for the property is unnecessary as your father inherited the property automatically at the time of your Mother's death and can transfer it to you and your siblings with out a problem.  Get legal help  to do it.  Good luck. 


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 AttorneyPages.com 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