Toney, AL asked in Real Estate Law for Alabama

Q: Who inherent the house when my stepfather and my mother both decease without a will. Both names is on the deed.

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1 Lawyer Answer

A: QUestion one. How is the house deeded and to whom? If the house deeded to stepfather and mother as joint tenants with a right of survivorship? Question two: who died first? If stepfather died first, and if the house were deeded to them both as joint tenants with a right of survivorship then the house would belong to mother at stepfather's death. At mother's death, the house would belong to mother's heirs at law -- her children (assuming she did not marry after stepfather's death). If one of her children is deceased, that child's interest would pass on to mother's grandchildren born of that child. The same would be true -- in reverse -- for stepfather. Look at the deed.

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