my mum died leaving no will,her ex husband my step father was a joint owner so he took the house.?

Question

will i have any legal right to my mum estate now or later.

Answer 1

As your step-father was her EX-husband, my opinion is that he's only entitled to his share, ie., 50%. The remaining 50% should be divided between you and any brothers or sisters. Do obtain legal advice without delay. Here's something from the website below (bearing in mind that your mother died without a spouse):-
If a person dies without having made a will or if the will is invalid for whatever reason, that person is said to have died "intestate". The rules for division of property on intestacy are as follows:
If the deceased is survived by:
spouse but no children - spouse gets entire estate
spouse and children - spouse gets two-thirds, one-third is divided equally between children (if a child has already died his/her children take a share)
parents, no spouse or children - divided equally or entirely to one parent if only one survives.
children, no spouse - divided equally between children
If you live in the UK, do visit the excellent government website - 2nd below. Good luck

Answer 2

The type of joint ownership - joint with right of survivorship, tenants in common, or some other that may have been recorded - will determine what the ex-husband/step-father gets of the house. The fact that they were divorced for a period of time may play into a legal ability to disallow the entire house going to him if it is titled as joint with right of survivorship. JWROS is what it says - both parties own the property together and if one passes on the other receives that person's portion of the property. Since they were no longer married, there is probably some estate taxes that would go along with that but I'm not an expert on this stuff. There are joint ownerships such as the tenants in common and others that are joint but the other person does not automatically inherit the other person's portion.

I would get a good attorney who works with estate law as soon as possible and get a copy from the county court housed of the last recorded, Mortgage or Note, Deed, Quit Claim Deed, or other documents that would have your mum's name on title and how it was titled. The attorney can do this for you. I am sure there are other things in the house that where your mum's and those are technically the estate's. The house is one thing the contents another. If he is an ex-husband and she passes with no will, the law of the state takes over which will dictate how everything will be handled. I would do something as fast as possible so he doesn't get rid of anything or get into bank accounts that he shouldn't. I would guess that the next person in line with no spouse is any children.
Good Luck - these things can get messy.

Answer 3

I am so sorry to hear about your mum and the problem you are having.

Go see a solicitor. When I bought a flat with my cousin our solicitor told us that we should consider the future. If one of us died then our families could have claimed that half. The solicitor advised us to have joint ownership (I think that's what it was) which meant, if one of us died, the flat automatically became owned by the joint owner.

You truly need to see a solicitor to put your mind at rest (and your heart).

I hope you get this settled quickly and I wish you all the best.

Answer 4

It relies upon on extremely some issues. If somebody dies, it relies upon on no count number if or no longer they left a will or no longer. Even that would get complicated. If it grow to be purely an straight forward will, the place the deceased mentioned all their sources are left to a undeniable guy or woman, the will must be probated for the duration of the courtroom. the thank you to ward off it relatively is to envision a have faith mutually as the guy remains alive and then the distribution of sources would be dealt with for the duration of the criminal expert who helped set up the have faith and intervention via the courtroom isn't needed. If there is not any will, an straight forward will or a have faith, you will ought to artwork with an assets criminal expert, the two the guy who set up the will or have faith, or one you hire on your person. What happens next relies upon on the quantity of guidance you are able to assemble insofar through fact the sources left in the back of. It relies upon on no count number if the deceased had coverage that would pay off any ultimate loan on the time of their death. If no longer, and the surviving inheritors won't be able to or have not got the prefer to make money on the domicile, you have certainly inherited their debt. you are able to sell the domicile, yet in basic terms in spite of everything the sources have been probated and an executor of the valuables has been appointed via the courtroom. it relatively is a few thing you fairly ought to communicate approximately with your mothers and dads. What they have in place insofar as residing wills, trusts, powers of criminal expert must be shared guidance with the guy they have chosen to accomplish their needs.

Answer 5

Maybe, if he is part owner you may not have a right to it. It will be difficult, however and you will need a good lawyer. The lack of a will makes things difficult. I take it you don't have a very good relationship with your step father. There really is not much else you can do, besides take him to court.

Answer 6

As a joint owner he could claim his share but if they also owned it as joint tenants rather than tenants in common the rule of survivorship could pass on her share to him however, they were divorced so this could also have terminated such rights. You need to see a family lawyer.

Answer 7

As her ex he's not entitled to much.He is entitled to his half but if you are her only child and she has no brothers or sisters you are next of kin. Get in touch with a solicitor.

Answer 8

Yes you have rights. Contact an attorney or free legal service. Public defender?

Answer 9

i think u have a right to something like one third of all movable estate, go see a lawyer just to be sure

Answer 10

u have a right to property ur step father cannot take it all. ask him for your half or yake legal help. donot let him cow u down