Do I have a claim?

Question

my father died and owned a property jointly with his 2nd wife who he divorced. she was not my mother. I have recently been told by my ex stepmother that my father was still on the house deeds. Do I have a claim as next of kin. there was no will and I had no idea that my father's name was still on the deeds.

Answer 1

It depends on whose name the deed is in, and how it is worded. If it is joint tenancy or tenancy in common, you might. If it was only in her name, no-it would be her next of kin. It's worth following up on.

Answer 2

Tricky one - if he was divorced and you are next of kin then I can't see why not. However as the ex wife is also on the deeds well that does complicate it slightly. I gather the ex stepmother is living in the house?
I would find a solicitor and talk to them - it might be worth the consultation fee. But having said that would you need to speak to a property solicitor or a family law solicitor. Good luck.

Answer 3

You probably do as long as you or your father never signed off on the deed. You don't say if you have any siblings, if you do they have the same rights as you do and an equal claim.

Talk to a real estate lawyer in your area. One thing to keep in mind is the divorce decree may have superseded the deed (the court may have given your ex-stepmother the property.)

Answer 4

It depends mostly on the divorce. If the divorce said she got the property, it's hers, the status of the deeds is a mere detail the courts will clean up when someone asks (which means "pays" and that's not your problem).

If the divorce left it as is, then even if the deed says "survivorship", the divorce probably (depending on the state) severed the survivorship, leaving them as tenants in common, and in the absence of a Will, it passes by Intestacy, probably to you (and your siblings by him, if any).

You have go through Probate to do this.

Answer 5

You are definitely going to be spending some money on lawyers. But be careful that the lawyers don't try to make this a bigger war so they can collect more fees. After you find out just what the law states try very hard to make a reasonable deal with the stepmother.

Answer 6

If he has no other wife or other children, then this property is yours since his name was still on it. and you are next of kin. You dont need a will to know that.

Answer 7

go to the local c a b they will give you the only free correct advice you will receive and they also can put you in touch with a solicitor who may repeat may give you a half hour FREE consultation to tell you exactly where you stand within the law and if you do have a claim wish you the best of luck with you re quest
this has made my mind up for me i am going to make out a will as i am separated from my wife and i have a heart condition and want to do whats best for ALL CONCERNED

Answer 8

this is complicated you need to get expert advice try the citizens advice or ask a solicitor that deals with property wills and estates i think you can have an initial 30 mins quite cheaply

Answer 9

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Answer 10

i would have thought so because even if they were divorced the property was still in his name so it belonged to him and as you are his next of kin you should be entitled