Who owns a house after divorce, then death of one in joint tenancy?

UPDATED: Oct 1, 2022

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Who owns a house after divorce, then death of one in joint tenancy?

My mother was divorced. As part of the divorce the house was to be sold and divided with my step father. He passed away, and had a will that his part of the house was to go to someone else. The estate was settled through probate without selling the house. My mother then put the house in my name. She has passed away also. Do I have to split the house with the other party?

Asked on October 21, 2017 under Estate Planning, Oklahoma


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

Answered 5 years ago | Contributor

Please seek legal help as soon as you can.  Your Mother did not have the right to transfer your step-father's interest to you.  The only interest she had to transfer was hers.  So yes, his half should have gone to whomeever he left it to.  Good luck.

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