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Richard, Attorney
Category: Estate Law
Satisfied Customers: 53664
Experience:  29 years of experience practicing law, including tax and estate planning.
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My mother passed away a couple years ago and her husband has

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My mother passed away a couple years ago and her husband has survivor ship rights in her House......i am her only daughter do i have any rights?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Unfortunately, children have no automatic legal right to inherit. And, since the house was held with the right of survivorship, upon the death of your mother, title to the property automatically vested in her husband. So, you would have no specific legal right to the property. But, since he can't pay the mortgage, depending upon whether or not the property has any equity (value in excess of the mortgage balance), you can either deal directly with the husband or the bank to try to obtain title rather than having the house sold to a third party or the bank foreclosing.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that under the law the house would then default to you, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
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Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is:

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