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Late Wife's Estate Query

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Rann563814

New member
My step daughter inherited a property from her biological father. However, my late wife's name was still on the title deed. With that in mind does 50% of the property belong to my late wife's estate?
 


justalayman

Senior Member
There are no names “on the title” because there is no certificate of title where one would place names. Title is an intangible item. Ownership is derived by researching the chain of title following all transfers and other issues that would affect title.

So, to start with, what state is the property in?

Did the wife predecease the bio father? If so, was her estate administered through probate or any sort of similar activity?

Was the step father and mother married when they owned the property? Did their divorce address this particular property?


Specifically, how was title held; tenants in common, joint tenants, tenancy by the entirety
 

adjusterjack

Senior Member
There are no names “on the title” because there is no certificate of title where one would place names.
OP wrote:

my late wife's name was still on the title DEED.
Names do appear on the deed.

My step daughter inherited a property from her biological father. However, my late wife's name was still on the title deed. With that in mind does 50% of the property belong to my late wife's estate?
Start by looking at the deed and telling us how ownership appeared.

Next - who died first?

Did either or both have a will?

And, yes, what state?
 

justalayman

Senior Member
OP wrote:



Names do appear on the deed.



Start by looking at the deed and telling us how ownership appeared.

Next - who died first?

Did either or both have a will?

And, yes, what state?
Of course the names remain on the deed. It’s not like you can erase them

Title and deed are two different things and that is why I explained what title is.

Your redundant post adds nothing
 

LdiJ

Senior Member
I would guess that the divorce agreement gave the house to the stepdaughter's father and he simply never bothered to get his ex-wife's name off the deed. That would still make it his property and therefore would still go to his daughter.

I think its a bit tacky for OP to want to try to claim 50% of his stepdaughter's inheritance. He wouldn't be asking the question if that wasn't what he wanted.
 

justalayman

Senior Member
I would guess that the divorce agreement gave the house to the stepdaughter's father and he simply never bothered to get his ex-wife's name off the deed. That would still make it his property and therefore would still go to his daughter.

I think its a bit tacky for OP to want to try to claim 50% of his stepdaughter's inheritance. He wouldn't be asking the question if that wasn't what he wanted.
It’s really jumping to conclusions when you start interpreting some divorce decree that we don’t even know exists. In today’s world there are many Co parents and cotenents of property that are not married.

There are so many other possible issues involving the property and the listed grantees that it is really premature to assume anything at this point.


while you are bothered by the op investigating the possibility he may own some portion of the property, I have to ask why. Since the mother and op were married, as the spouse, he is likely due a major portion of his wife’s estate. Why begrudge a person for seeking to claim what may be legally and even morally his. You have no idea of the relationship between any of the parties. Maybe the mother would have wanted op to have her entire estate. If a person wished to ensure any particular person inherits any particular asset, they need to write a will. Otherwise the law steps in and says what share goes to what person.
 
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justalayman

Senior Member
OP emphasized "deed."

Your explanation about title was as superfluous as my explanation was redundant.

:D
Actually, it isn’t superfluous.



What a deed represents is simply a written memorialization of when one entity transfers some interest to another entity. A single deed plucked from the myriad deeds and possible other actions that can affect title doesn’t mean much by itself. One must understand what title to property actually is and why a single deed may or may not reflect the current ownership of that property.

Especially given this current situation where there is a possibility of a divorce decree involved, understanding what title to property is is quite important.
 

Rann563814

New member
I am not entirely certain how you have arrived at that conclusion when you know little or nothing about it. For your information she has another child, who may also be entitled and that was the purpose of the enquiry actually.
I would guess that the divorce agreement gave the house to the stepdaughter's father and he simply never bothered to get his ex-wife's name off the deed. That would still make it his property and therefore would still go to his daughter.

I think its a bit tacky for OP to want to try to claim 50% of his stepdaughter's inheritance. He wouldn't be asking the question if that wasn't what he wanted.
 

not2cleverRed

Obvious Observer
I am not entirely certain how you have arrived at that conclusion when you know little or nothing about it. For your information she has another child, who may also be entitled and that was the purpose of the enquiry actually.
We aren't clairvoyant.
You still haven't answered anyone's questions.

1) When did your wife die? In what state? Did she have a will?
2) When did your stepdaughter's father die? In what state? Did he have a will?
3) Was your wife ever married to your stepdaughter's father? If "yes", what was said about this house in the divorce?
 

justalayman

Senior Member
We aren't clairvoyant.
You still haven't answered anyone's questions.

1) When did your wife die? In what state? Did she have a will?
2) When did your stepdaughter's father die? In what state? Did he have a will?
3) Was your wife ever married to your stepdaughter's father? If "yes", what was said about this house in the divorce?
And how was title held between the mother and father?
 

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