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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32350
Experience:  Estate Law Expert
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My mother died in may2016 her house is in her name her

Customer Question

my mother died in may2016 her house is in her name her husband and my sister do i get any part of this oldest living child
Submitted: 1 month ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 1 month ago.

I'm a little confused by the facts. Whose name is ***** ***** deed to the house?

Also, did your mother leave a will?

Customer: replied 1 month ago.
No will deed has my mother her hub and and my sisters name on it
Expert:  Dwayne B. replied 1 month ago.

As to the house, do you have a copy of the deed and, if so, can you tell me exactly what it says as far as the names?

Customer: replied 1 month ago.
Forget it sorry to bother you no help
Expert:  Dwayne B. replied 1 month ago.

I can tell you the answer if you can just give me the language. There are four ways it could be written and two of those ways would mean you get a share of the house.

Customer: replied 1 month ago.
english three names on deed my mother my stepfather and my little sister
Expert:  Dwayne B. replied 1 month ago.

I'm sorry by language I meant the exact wording. It will say, as an example, ***** ***** and ***** *****, ***** ***** or ***** *****, or ***** ***** and ***** ***** as joint tenants with right of survivorship, or it could be some combination of those.

Also, do you know how your sister's name got on there? Did your mother put it on there or did your sister have your mother's power of attorney and add herself?

Customer: replied 1 month ago.
joan harmon james harmon and mary joan utley my mother put my sisters name on the deed when she bought house so she could sell it and split it with her me and my brother
Expert:  Dwayne B. replied 1 month ago.

Under that language a portion of your mother's share should go to you. When there is no will the property passes by "intestate succession" which is the method of inheritance set up by the legislature. However, to actually get your name on the deed and get ownership someone will have to do a probate through the courts. There are several different kinds of probate, some simpler than others, depending on what property was owned at the time of her death, what debts were owed, etc.

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