Q: What happens to a property in case of my fathers death? He is remarried but I'm the only child.
What happens to a property in an incident of my fathers death? The property is under his name but up to this day everything (including lumpsome foenpaykent & monthly mortgage) had been paid for by me in cash (no paper trail/receipts). I am not sure if he has a will and he is also remarried. I am the only surviving family member. Just how easy would it be for my stepmother to take the property away from me?
A:
It is important that you speak with an attorney regarding this matter. There are three main issues that you should consider.
1. Any assets that passed via a beneficiary or were jointly held will pass directly to you or whoever is listed regardless of what his will or intestate law that applies.
2. In the event that someone passes without a will the state of Connecticut has written an estate plan for that person. In a situation where a person remarries and has children from a first marriage assets that are not beneficiary assets will be split 50/50.
3. In the state of Connecticut you cannot fully disinherit your spouse unless through a pre/postnup. A spouse can elect a statutory share equal to the interest on 1/3 of all assets.
I hope that helps and I would recommend seeking out an attorney for a consultation on the specifics.
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