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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36226
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My mom passed. My father is living. In her will she divided

Customer Question

My mom passed. My father is living. In her will she divided her estate 50% to my father and 25% to each of my sister and brother. Is the estate's my father until he dies?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is the estate's my father until he dies?

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No, anything that was in mother's estate would be divided according to her will. So if she had assets in her sole name or other assets that weren't jointly owned with father, then they would be divided up during a probate case to settle her estate.

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For example, if she owned a house in her name only, then father gets 50% of it and the children each get 25%. But if mother and father owned property as "joint tenants" then father instantly became the sole owner as soon as mother passed because a joint owner's interest extinguishes upon their death leaving the surviving owner the sole owner.

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thanks

Barrister