Stephen D asked:
My father is dying and all of his property has both his and my stepmother’s name on it. He has no will. Would the rest of my family have any right to any of the property? I fear my uncles may be after some of the property.
My father is dying and all of his property has both his and my stepmother’s name on it. He has no will. Would the rest of my family have any right to any of the property? I fear my uncles may be after some of the property.
If there is no will then everything goes to your stepmother.. You and/or your sibling can take it to court and contest it..
In the UK and in most common law systems, jointly owned property will go to the other joint owner in the event of the death of one of the owners…it may not be that simple, it depends on exactly how the property is held…you’d need to talk to a lawyer who could view the title to the property before you’d get a 100% answer
Property held Joint with right of survivorship means upon one of the parties death the other party gets it all, the dead parties share is not probated, this also maybe the case of any bank accounts as well
Not all assets are subject to probate,
Those assets subject to probate, without a will, are dispensed based upon your state intestate laws
If there is no paperwork other than titles, no wills, no trusts, etc, then because your father and stepmother are married, she gets everything. (Jointly owned but NOT married would still get tied up in court and could be contested and WOULD be taxed).