My father died divorced and intestate, he has 4 children and owned land jointly with ex wife?

Question

Do the children have claim to the land? Do step children have a claim? Do the ex wife get all?

Answer 1

Your father died without a will (intestate, as you say), but a will would not have had any impact on jointly owned property.

You don't tell us what state or country you live in. Your father's divorce decree might have had a property settlement (or property division) order. Or your state's law (or case decisions) might say that jointly-held property becomes "tenancy in common" upon divorce.

If -- and only if -- that is so, then the ex-spouse gets half the property and the four children share the other half.

If you cannot afford a lawyer you may be able to get the answer to this free. Try the following: your county clerk's land registry office; an elder-law charity; a women's (i.e., divorce) charity. Or pay a lawyer for one hour's work to sort out the mess.

If -- and only if -- the property was legally held at death as tenants in common (either by deed -- after all you could be wrong about "jont tenancy" -- or by divorce decree or by act of law) you may need to probate it. (Not, as it happens, in New York State, but in many, perhaps all, others.) You may also need either a reformed deed or a court order declaring the true title to the land. This is not a do-it-yourself project, and the ex-wife may contest your claim. But whatever the law is, that's what it is and a title insurance company will know. (You can't generally sell property without its title being insurable since nobody will lend on it otherwise. That's why quitclaim deeds can be troublesome.)

Answer 2

intestate succession means your father died without a will, that is not good. before any member of the family can lay claim to anything the state/ government will have it's share first-this is why a will is so important. to finalize the settlement of the estate can take months if not years, taxes need paying, death dues need paying, creditors will lodge claims against the estate for settlement of outstanding bills etc etc. the law of succession- both testate and intestate is well documented and follows set rules/regulations and protocols, you really should contract a lawyer to oversee the process as it really isn't that simple.

Answer 3

In the telephone directer under Lawyers, there are some lawyers that do wills and the rights of dependents who will listen to your problem and give you some advice for free, an assessment of your rights. It is important what states are involved. Anyway, you need to talk to a lawyer because the laws are complicated on this issue of your rights after the death of one or both of your parents.
Warning, don't just do whatever the Lawyer tells you to do, get a second opinion. Ask others about the same thing. Go to the Library and explain to the librarian what you need, he or she will direct you to the information and so on. Good luck!

Answer 4

Where I live, his wife get her half, then half of his half and his children will divide the 1/4 left. Step children has no claim unless he stated otherwise in a will. His four needs to get a lawyer and her pay the four for their share of the estate.

Answer 5

Sorry, she is now the sole owner of the land if she is still on the deed. By the way, it is "does the ex-wife get all?" Ex-wife is singular & requires a singular verb which is "does" not "do."

Answer 6

for sure the wife gets at least half......if it is held as joint tenancy she gets all of it.....if tenancy in common the children get half. but if you father allowed it as is after the divorce and was so irresponsible as to not have a will you can be reasonably sure the ex is gonna get it.

Answer 7

Whatever was last stated on paper if there was a will.

If no will, court will decide division among all known immediate family members AFTER payoff of remaining expenses or bills due.