Q: Hello, I'm in Reno Nevada
My question is this. My mother and step father are legally separated, the house is only in my mothers name but my mother has passed away. My mother did not have a will however she expressed numerous times to our family that she wanted the house to be transferred into my name, but there is no documentation of that. My father remarried and lives in the house. When my father dies, who will the house go to? Do I have any pull with the house now or after my father dies? Another thing I will add which I don't know is relevant or not is that the woman my father remarried is not a US citizen at the moment but soon could change as they are filing for citizenship.I also remember my mother saying that the house is a homestead but I'm not sure what that means.
A: Courts generally are not interested in what wishes a person expressed. However if your mother died unmarried under the laws of intestate succession her property including her home would go to her children in a probate proceeding. If you wish to start a probate proceeding and your step father won't vacate the property you will want to hire local Reno counsel who can do both probate for you and get a court order to evict your step-father. Of course, you may be able to work out something with your step-father.
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