If my mom died withno Will and owns a home with my dad, even if there aredivorced does he still get house?

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If my mom died withno Will and owns a home with my dad, even if there aredivorced does he still get house?

Divorced 35 years. I will be the administrator of the estate (daughter). I have 2 other living siblings. My brother lives in the house and was living there when mom died (she had moved into senior citizen apartments). I do not want the hassle of having to sell the home. I’m hopeful the home passes to my dad. Mom has little assets: house is probably worth – $15,000, furniture – $3,000, bank account- $2,000, clothes, jewelry, etc – $1,500. Debts probably total 5,000 including medical bills during the last week of her life and other debts. I paid for the funeral at $8,000.

Asked on February 8, 2011 under Estate Planning, Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  It is difficult to answer this question without reading their divorce decree but if they continued to own the home jointly then I am pretty sure only half of it would pass to your Father.  You see, rights of survivorship - when it passes automatically upon death - go to parties that are married or joint tenants if it is so stated in the deed.  Most states have laws that sever the survivorship right upon divorce, even if the deed still states so.  You will need to speak with an attorney on this matter for clarity.  Also, you have the right to be reimbursed from the estate for the funeral expenses before you pay the other debts.  That is also a generality as most states allow the funeral debt priority in an estate.  Good luck.


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