Q: Father died intestate his new wife wants to disinherit his children from previous marriage.
If no will exists do the real estate deeds determine joint tennancy by entirety? What proves the children are disinherited and the joint tenants were by entireity and not in common? There is no trust some of the records of deeds at one time states shall include grantor and grantee their succesors and heirs. It seems unfair for the children to be cheated if no will or trust exists. What can be done can the wife avoid probate to cheat the children? I guess if property is held by a husband and wife it is assumed to be joint tenants by the entirety so the children end up getting shafted.
A:
It is very difficult to address your question as I would really need to gather more facts here. But I can say, in general, how a decedent's assets are distributed is a very complicated process governed by the law of wills, trusts, intestacy, probate, contracts, and real estate and how those laws apply and are interpreted in any given specific situation.
Feel free to contact my law office if you seek to retain an attorney for this matter.
Office: 704-544-3394
Email: Cheryl@crwatkinslaw.com.
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.
