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NotneuqCorp | MY mother died when i was 14. my dad and her where seperated. I am 22 now, am intitled to the house or part? |
My dads girlfriend of 7 years has taken my mothers name of her house and put hers on. I wanna know of i am intitled to a part of the house. Pls email if you have any more question i reallu need help quenton (at) bizzybeeservices.com |
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girlwhoknowsitstrue
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This is a very complex question, because each state has different laws.
First of all, if the house still has a mortgage on it, you can't change the owners without changing the mortgage.
In most states, if you are the only child, you are entitled to 50% of the estate - since you were 14, you were a minor, and a guardian should have been appointed to manage your affairs, it might have been your dad - in that case, you may have to sue him to get what is rightfully yours, since if he's giving it away to his girlfriend he is not acting in your best interests.
Find out who the executor of the estate was, it's in the court house records, and the trail just starts there. Also, check to see if there were any life insurance policies or other assets your mom had.
I'm sorry to hear of her passing at such a young age, and that you dont seem to have a good adult support system - I wish you well. |
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Amanda H
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Nope. Only if your mother specifically willed the house to you, or to you and your father, do you get to inherit it.
Also, your dad's girlfriend can't "take your mother off" beucase your mother would be removed via a probate. Nor can she "put herself on"...someone else must deed her an interest- someone like your father. So please dont blame her for 'removing' your mother's name. Your father would have made the choice to do this. |
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Paula M
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No. Your dad inherited the house in its entirety upon your mother's death. If he wants his girlfriend's name on the title, he can (unfortunately). You have rights to your father's share of the residence when he dies AND only if he hasn't married the girlfriend, AND didn't quit claim his interest over to her. |
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newmexicorealestateforms
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Depending on the inherantance laws of your state and the form title was taken. For an example in New Mexico we are a community property, lien theory state and our laws allow for the heirs of a spouse to claim an entitled interest equal to 50% of the spouse who has passed on and the other 50% goes to the then living spouse. This however is usually done in probate court. As to her ability to remove your mom's name from the deed that sounds fishy. |
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BaFfler
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What did her will say? If there was no will, you're probably SOL. |
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bostonianinmo
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Most likely your mother and father owned the home as Joint Tenants with Right of Survivorship. This is by far the most common way for married couples to own a home. If that was the case, the title to the home passed to your father at the moment of your mother's death. The fact that they were separated is of no consequence in this case. Nor is anything that may have been in your mother's will since the deed would have superceded the will.
Since your father had full legal title to the home at your mother's passing, he is free to do anything with it he wishes, including putting his girlfriend on the deed. If this deed is the same as what he had with your mother, his girlfriend will get the house at the moment of his death if he passes before she does.
In this case, you have no claim to the house at all. Sorry! |
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Akkita
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From a legal standpoint , my question is - how did your dad's girlfriend remove your mother's name from the deed to your father's house?
She just can't white it out and write her name in - it has to be recorded at the clerk of courts in your county seat or court house. Your father should of had the deed changed at the time of your mother's death to solely his. But most persons don't think of it.
The best advise i can offer is contact an attorney - if you can't afford one , check your phone book and make an appointment with an attorney that offers free consultations. Or contact your state's Bar Association and find out if your area has a free legal assistance program for civil matters. |
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twinkid2003
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no!!!! was it given to you in her will? |
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awaken_now
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Hello ...you need a copy of the will and find out about any probate work done with her Estate. There had to be a final IRS tax form.
THE DEED IS THE NEXT THING TO LOOK AT, AND YOU CAN TRACE THE HISTORY OF IT. oops darn cap,s lock. The city hall or tax assessment office for property will wave those public records. Go look them up. Free...
..No one can just change the name on a deed without some legal paperwork. Who's name was on the paperwork when your parents bough the place?
good luck .. |
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J Somethingorother
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Normally a spouse always inherits from the deceased spouse unless there was a specific written stipulation otherwise in a will. |
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robert S
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Were your parents separated before your mother died? and if that was true was the home still in both of your parents' name? If it was, your father gets the house at your mom's death if she left no will. He can add anyone's name to the property after he owns it all by himself. On the other hand, if the property was in your mom's name alone and they were not divorced at the time of her death and she left no will, the spouse gets one third and the children gets two third. You will get the rest when your dad dies unless he wills his share to someone else.
Having said that, state laws varies. Get some facts and talk to your local legal adviser. |
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cyndi b
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contact a lawyer!you should have some rights,but only a lawyer can give you the right answer!he can take it to family probate court! |
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pwalker0123
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My dad died 5months ago. Accidental at work. He has 5 children. No minors. He was separated from his current wife for 6months. There was no will, or separation papers. Who is in charge of his finances, estate, debt, or rights to any money left or insurance payoff. Thanks. |
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