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CalAttorney2, Attorney
Category: Estate Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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A married man with a child got the divorce and got custody

Customer Question

a married man with a child got the divorce and got custody of the child .then, he build his house,where he lived with his child.years later,he had a girlfriend living with him. Two years later they got married.last month the man gunshot himself.Who inherits the house?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Attorney2 replied 1 year ago.

Welcome and thank you for your question. I will be the Attorney that will be assisting you. Inheritance laws vary by state. Further who was on the title to the property (deed). Did the man have a will?

Expert:  CalAttorney2 replied 12 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am very sorry to learn of this situation.

As noted by the earlier expert, the place to start is with identifying whether or not the individual had a Will or a Trust (these two documents can be used to determine the way in which the individual's property will be passed on after death).

If the individual had a will - there should be an individual identified as the "executor" or "personal representative" of the estate, this person will need to file a probate case with the local court to divide and distribute the estate as identified in the will. This would usually include the home, if not, the court will distribute the home according to intestate succession (if the property is not identified in the will), discussed below.

If there was a trust, there will be a "successor trustee" identified in that document who is responsible for carrying out the terms of that document, a probate case is usually not required, and the home will remain in the trust unless required to be transferred for some specific reason.

If there is no will and no trust - the family will need to file a probate case and the property will be divided by "intestate succession" the succession varies from state to state, but in most cases, as the individual was married and had a child, these two individuals would inherit the all of the property in some proportion (such as wife 50% child 50% - but again, each state has their own statute, so please check the state statute for intestate succession for the state in which the individual was living at the time of his death, as this is only an example).