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Father Died Intestate

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Regina413

Junior Member
What is the name of your state?
NY

My father passed away in 1997. My father was remarried and had children with his second wife.

I recently found out that she is selling the house that they purchased while they were married.

My question is am I entitled to any proceeds from the sale of the house?
 


JETX

Senior Member
My question is am I entitled to any proceeds from the sale of the house?
No one can answer that without a lot more information, starting with:
1) What happened to his estate in 1997?
2) When did he purchase the property in question?
 

nextwife

Senior Member
And the BIG question:

How was the property titled when he died?

Poster,

Many spouses hold title in a manner that passes their ownership to the surviving spouse at death.
 

Regina413

Junior Member
Father died intestate

The deed was in both of there names. I was not informed of the probate or anything, my father's assets went to his wife, and she also sold property that was his in Pennyslvania. Unfortunately, he died an untimely death.

Should I file something with the county clerks office? I was never called to go to the probate lawyer, etc by my stepmother...
 

nextwife

Senior Member
The deed was in both of there names. I was not informed of the probate or anything, my father's assets went to his wife, and she also sold property that was his in Pennyslvania. Unfortunately, he died an untimely death.

Should I file something with the county clerks office? I was never called to go to the probate lawyer, etc by my stepmother...
SOL is irrelevant anyway, as to the house. If they held title together, as H&W, most states have an automatic presumption of Jt Tenancy. And in Jt Tenancy, the house becomes the property of the surviving Jt Tenant when the other Jt Tenant dies. Stepmom did nothing wrong or contestable in taking full possession of their home. It legally would have become hers when he died..
 

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