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mac48
10-08-2006, 05:13 PM
I need help with a subject.
My father and my wife and I, are on the deed of the house. The morgage is no my fathers name, the deed reads father and filing jointly me and my wife.We, my wife and I, lived with my dad and pay every thing together 1/2 and 1/2.

My dad died, whom does the house goes to? I have a sister and a brother and they want part of the house and my fathers belongings.

Where do I stand.

MAC48

Marketeer
10-09-2006, 05:39 AM
If you and your father are on the title as joint tenants with the right of survivorship, then the house passes to you directly outside of the probate process.

If you are and your father are on the title as tenants in common, then his share of the house would be divided under the terms of his will. If he had no will, then it would be divided under your state's intestacy laws. This likely means, if your father had no surviving spouse, that you and your siblings would each inherit a portion of your father's share.

I'd suggest that you have the deed reviewed by a local attorney. I'm not sure what "filing jointly" means.

With regard to your father's personal property, if he had a will then it's divided according to the terms of the will. If he didn't, then it's divided according to the intestacy laws and your siblings likely are entitled to a share.

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