Q: My mom left house equally to me & my sister. My sister died same day as mom. Do i get house or do her kids get half?
Mom has a will leaving both myself and my sister equally 50/50 her house. But my sister and mom both died on the same day. Do i inherit the entire house or is my sisters husband or kids entitled to half of the house? My aunt was assigned the executor of the will. The grandkids were left specific monies and other items. Myself and my sister were only left the house 50/50.
A: Most likely you are going to own the house with your sister’s heirs but there is no way to know that with certainty without reviewing the will.
A: It depends on the exact wording in Mom's will. But, under a typical state statute, you would get 1/2 and your sister's children would divide your sister's 1/2 between.
You should talk with local probate and trust lawyer.
James Edward Berge agrees with this answer
A: We do not have enough information to determine who will inherit the house. For example, you mentioned that your mother and sister died on the same day. We would need to know which one survived the other. If survival cannot be determined, the probate code can provide the answer depending on the terms of the will. If your mother survived, the will might provide for what happens if a beneficiary predeceases. If your mother died first, the terms of the will might dictate a period of time that must pass between your mother's death and that of your sister. More often, a properly drafted will provides the remedy depending on who dies first and the length time required for a beneficiary to survive. You should have the will and the facts reviewed by a probate attorney.
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.