Whatare my rights to my father’s house when he passes away?

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Whatare my rights to my father’s house when he passes away?

My mother passed away 30 years ago and my father re-married 9 years later. My parents owned the home that my father lives in now with my stepmother. He put her name on the mortage for the house. From what I can remember, my parents had a Will. Would I inherent the home when my father passes away if it is in his Will? And what would happen if there isn’t a Will; would I still inherent the house or will his wife keep the house?

Asked on May 23, 2017 under Estate Planning, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your father leaves a Will which states that you are to inherit the home, then that provision is controlling.
If your father dies intestate (without a Will), the rules of intestate succession determine inheritance.
Under intestate succession, your father's surviving spouse inherits his entire estate which includes the home.
  If your father dies intestate without a surviving spouse, his estate will be divided equally among his children.  The house will be divided equally between you and your siblings.


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