Who will my father’s house belong to if he didn’t have a Will and my mother passes away?

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Who will my father’s house belong to if he didn’t have a Will and my mother passes away?

My father did not leave a Will, but he verbally stated that at the death of him he wanted the house to go back to his biological children. My father had 3 biological children and he helped raised 2 other children. One of the children he helped raised name’s is on the house’s deed and she is not being respectful of his wishes. I would like to find out what out who the house will belong to after my mother passes. Will it belong to the person whose name is on the deed or will the house go back to the biological children?

Asked on June 16, 2012 under Estate Planning, Georgia

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  I need to understand who is on the deed here.  Is it your Mother, Father and the child?  How do they hold the title to the property as tenants in common or with "rights of survivorship?"  This all matters here as to what happens to the property.  If your parents held it as husband and wife then they have rights of survivorship and your Father's part passed to your Mom upon his death.  Now she and the other child most likely hold the property as tenants in common and when your Mom passes her Will or the intestacy statute (if she has no Will) will determine how the property is divided.  Please go and see ana ttorney in your area on the matter and bring the deed.  If your Father's wishes were not recorded then his Will could be seen as an oral will which is accepted in some states.  Good luck.


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