If a mother and stepfather own property and the mother dies, does the child have access to the property if purchased prior to the marriage?

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If a mother and stepfather own property and the mother dies, does the child have access to the property if purchased prior to the marriage?

Mother married 3 times. Child from first marriage lived with mother (had cancer). Property initially in Mother’s name and then she remarried and changed property to new husband and her name. Can the child get anything from the house as it was purchased prior to the marriage? Also, he placed his home in both their names as well. We don’t want anything but the original house. Mother died several weeks ago.

Asked on November 19, 2011 under Estate Planning, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you are entitled to any bequest from your mother depnds upon many factors. First are you mentioned in her Will or trust with a specific gift? If not, then you are entitled to nothing so long as you are expressly mentioned in the Will or trust.

If your mother passed without any Will or trust and if she has any assets, you would be entitled to something based upon your state's intestacy laws. Perhaps you might consider consulting with a Wills and trust attorney about any further questions that you might have?


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