If my mom passed away a year ago and never made a Will, what will happen to the house she lived in?

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If my mom passed away a year ago and never made a Will, what will happen to the house she lived in?

Since I’m the only child, would I be the next in line for the house or does my stepfather have full rights to it?

Asked on March 30, 2012 under Estate Planning, Maryland

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

If your step father was married to her at her death, he has certain rights.  So do you.  Each of you are takers under the laws of intestate succession.  You would be well served to immediately retain ane estates attorney to protect your interests.  You have waited too long here and need to do this immediately.

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  If your Mother died with out a Will in place then the intestacy statutes in your state will determine who will inherit from her estate.  But what must first be determined here is what is or is not an estate asset.  Any assets - homes, bank accounts, etc.,  - that were jointly held with her husband are not part of her estate.  They passed to him automatically upon her death. But any other assets would be divided according to the statutes and I do believe that you would inherit. Seek legal help.  Good luck.


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