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Widowed mother contacted by dead husbands daughter from previous marriage

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G

Glockit

Guest
My mother can not close on a re-finance of her home. Her husband died back in July 98. He has two daughters from a previous marriage which he was not very close to. There is no will.
Both my mom and her husband were listed on the title. I am the only beneficiary on my mom's side (her only child). The two daughters were the only children of my step father. he rarely saw or spoke to them not sure about child support.

My mother had to contact both of them to get approval for the refinancing of the estate. We live in Georgia the one daughter in question lives in Florida and has had her attorney contact my mom. The other daughter wants my mom to have her house and doesn't seem to have her hand out.

Are these two daughter considerd heirs to the estate? If so what kind of rights do they have to the property? Is there any way my mom can get this second loan without the approval of this one daughter. Should she get a lawyer. If they have a claim to this property after all these years with no contact its a sorry world!!!

Any advise would be much appreciated. Thank You
 


ALawyer

Senior Member
It all depends on HOW they "had both names on the title"; if as joint tenants with right of survivorship it should have passed to her automatically, by operation of law. If it was tenants in common then his half would be property partially owned by the estate, and partially belong to the daughters -- even if they had little contact. That's the way it is.

Getting a lawyer to sort out and explain things and settle the matter -- even if the claims are unjustified -- makes sense as the daughters likely will believe the lawyer, not the widow.
 

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