What to do if my father is still listed on the deed of a house that he and his wife owned even though he passed before her?

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What to do if my father is still listed on the deed of a house that he and his wife owned even though he passed before her?

n her Will she named only her kids to the proceeds of the sale of the house. Do his kids have any legal standings to part of the proceeds also being that when she passed his name is still on the deed? By the way she had done another will that did name his kids as beneficiaries also but she never signed it.

Asked on December 2, 2014 under Estate Planning, Florida

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss and for the situation.  I strongly suggest that you take the deed and seek legal help in your area.  If the house was held by them jointly as husband and wife it passed to her automatically at the time of his death.  If she had a valid Will her assets - which is the house - passes via the Will.  If she dies with out a Will (intestate) then it passes via the intestacy statute and you would not share her estate under that statute unless she adopted you.  Get help. Good luck.


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