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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33714
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My Step dad passed away in december all he had was 1 acre of

Customer Question

Hello i am Teresa my Step dad passed away in december all he had was 1 acre of land a truck a car and a toter that move mobile home his mom is still living the land also has my moms name on the deed but she passed away 13 months before him do i have any right to this stuff i have a brother and sister but we are all his step kids that he raise.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Did stepfather pass with a will in place?

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Do you know if the deed to the land had both mother and stepfather listed as "joint tenants"?

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Did they purchase the property while they were married?

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thanks

Barrister

Customer: replied 1 year ago.
No will in place The deed we have has both there names on it and the land was giving to them by his grandfather after they where married
Customer: replied 1 year ago.
they also had a mobile home that we just moved to my sister place because her house burned a month ago
Expert:  Barrister replied 1 year ago.

Ok, if there is no will in place then stepfather's heirs at law would inherit his estate. Unfortunately, stepchildren aren't considered legal heirs unless they were adopted by the parent legally.

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If the deed doesn't specifically state "joint tenants" or "in joint tenancy with rights of survivorship", then mother and stepfather would own the property 50% each (tenants in common) and each person's 50% would pass to their heirs. If this is the case, then when mother passed, if she didn't have a will, then stepfather and her children (i.e. you and siblings) would inherit her 50%. Under TN intestacy law stepfather would inherit 1/3 of her 50% and the children would split the other 2/3 of her 50%.

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So depending on what the deed says, you and your siblings could be entitled each to 11.11% of the property.

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But someone would have to file a probate case to settle both mother's and stepfather's estate so that the property could pass from mother's estate down to you as her heirs.

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As for the mobile home, again, it depends on whether they were both on the title and whether it was as "joint tenants" or as "tenants in common". But it would descend the same way as the land if they were tenants in common.

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So you need to examine the deed to the land and the title to the mobile home very closely to see if there is any language about "joint tenants" in it. If not, then you would stand to inherit from mother's, but not stepfather's, estate.

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thanks

Barrister

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