Do children have rights over their deceased parent’s home if the parent remarried and left no Will?

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Do children have rights over their deceased parent’s home if the parent remarried and left no Will?

My mom passed away almost 7 years ago and my Dad remarried about 2 years afo; he died 5 months ago. Now that both of my parents have passed away my stepmother who was married to my dad has locked my sister and I out of my parents home. Is this legal? Do we, as his children, not have any rights over his property since he remarried?

Asked on April 19, 2012 under Estate Planning, Minnesota

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  Was the house your Father's house before he was married and whose name or names are on the deed to the property and what status (rights of survivorship)?  That is the key.  Jointly held assets pass from one spouse to the other upon the death of one of the spouses.  As for personal property, you are probably going to have the same fight with her and I would speak with an attorney on the matter.  Good luck.


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