Who doesa house go to if both owners die but one predeceased the other?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who doesa house go to if both owners die but one predeceased the other?
My father died recently preceded by my stepmother (4 years ago). He had a Will but she did not. Both of their names are on the mortgage of the house. Does the house go to me and my siblings alone or does it also go to the stepchildren?
Asked on May 28, 2011 under Estate Planning, Tennessee
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It depends. How did they hold title to the house? If it was as"joint tenants", then upon her death your father would have taken over ownership completely. This means that upon his death he could Will the property 100% to whomever he chose. If, however, your father and stepmother held title as tenants in common, then upon her death her share of the property would have passed 1/2 to her estate (this would have included your father and her children). Without seeing the deed its hard to say but since they were married, there is typically a presumption that a couple takes title to property as joint tenants. That being the case, you and your siblings most probably own it alone.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.