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RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 13861
Experience:  Experienced in multiple areas of the law.
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My father passed away he had remarried he owned a home in alabama

Customer Question

my father passed away he had remarried he owned a home in alabama and had always said at his passing his wife could live in house until her passing and then it would go to children his and hers he had changed the deed to a WD surviorship with her name added .she now says it is hers and her childrens what can ido
Submitted: 1 year ago.
Category: Estate Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for using Just Answer. My condolences on your father's passing.While I do not like to give bad news to people, if I am understanding you correctly, your father's wife is correct. When parties own property with right of surviorship and the joint tenant passes away, his ownership interest is passed to the remaining joint tenant(s) This is what the right of survivorship means. The survivors split the interests. Eventually, when all but the final joint tenant dies, the last person standing will have total rights to the property. He or she can then pass that property on to his or her children or anyone else.Thus, because your father's predeceased his wife, and is the survivor joint owner, she has total rights to the property to do as she wishes.I am sorry I cannot tell you otherwise, but there is nothing you can do about this, assuming the transfer was done by your father at a time when he was mentally competent and without fraud or undue influence imposed upon him.If you need clarification or additional information, please reply and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars/happy faces before signing out, so I am credited for my time and assistance today. Thank you!