Q: mom & dad are deceased & had joint will ,but never probated. Dad remarried after mom died. The will had my bro,sister,
and me as heirs. Dad's surviving wife wants to sell the house we all grew in before my dad remarried. we would like to know if we are entitled to what percentage of the sale of the house that we all lived in while growing up.
A: The estates must be probated. Also look at the deed. How things will be divided depends on these documents and may also vary with the state.
A:
How long ago did your mother pass away? Did your father make another will after he remarried? Did either of your parents have children prior to or outside of their marriage? Is your father's surviving spouse probating your father's will? if not, do you have the original will your mother and father signed?
I suggest you sit down with an attorney who can help you determine what interest you and your siblings may have in the property.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
