If my stepfather passed away, would I inherit the house that he and my mom lived in?

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If my stepfather passed away, would I inherit the house that he and my mom lived in?

My stepfather has moved in a woman and her 2 kids into the house. If my stepfather passes away, can he leave the house to her or do I inherit it?

Asked on April 1, 2012 under Real Estate Law, Maryland

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 9 years ago | Contributor

It all depends on the property deed.  There are several ways your mother could have protected you with a good experienced wills and trust attorney.  I hope she did it before he died.  Otherwise, you will be out of luck.  

You can check the deed by going to the land records in the county where the house is situated.

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

Answered 9 years ago | Contributor

You need to check the law in your state about the transfer of real estate upon death s some states do not allow the transfer to those other than bllod relatives (Florida I believe).  But generally, if your Mom and Step-Dad owned the house jointly with rights of survivorship, her half passed to him automatically upon her death and now he can do with it as he pleases.  Get help.  Good luck.


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