QUESTION
If parents remarried and they died and the house over $100,000 who is entitle to house?
Asked on Dec 06th, 2012 on Estate Planning - New York
15 ANSWERS
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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How did they hold title to the house? Did they have wills? What do the wills say?
Answered on Apr 14th, 2013 at 6:46 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The value of the house does not matter. The TITLE of the house matters. You need to review the title (deed) to see how the house is owned. If it is held as tenants by the entireties or as joint tenants with rights of survivorship, there would need to be an estate for the second parent to die.
Answered on Dec 09th, 2012 at 6:43 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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It depends on a number of factors, including how the house was titled, who died first, whether they had a will, and who their survivors are.
Answered on Dec 09th, 2012 at 6:38 PM
It will pass under the terms of the Will, if no Will then usually to the children.
Answered on Dec 09th, 2012 at 6:30 PM
Pay 20 bucks and go ask an attorney. Will, Family, Statutes...What a stupid question without even asking your attorney next door.
Answered on Dec 07th, 2012 at 2:18 AM
Thomas Edward Gates
It depends on who is on the title.
Answered on Dec 07th, 2012 at 2:09 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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It depends, who is the house titled to? IS there a will or trust. If none, then it goes to their children in equal shares.
Answered on Dec 07th, 2012 at 2:06 AM
If there is no will, the children will get it in equal shares.
Answered on Dec 07th, 2012 at 2:01 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Too little facts to form an opinion.
Answered on Dec 07th, 2012 at 1:51 AM
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It depends upon a lot of facts that you have not included like how is title held, who died when and whether a will or trust exists. Your question is possible to answer with your limited facts.
Answered on Dec 07th, 2012 at 1:50 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It depends on the record ownership of the house, whether the people have children, whether they left wills.
Answered on Dec 07th, 2012 at 1:49 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Who owned the house when parents remarried? If the house was given to one party or the other in a divorce proceeding, then the house would be their separate property, unless they changed the title after remarriage to both of them. Not knowing the legal character of the property, I have to assume the property was separate property of one of the parties; that being said, and there was no commingling of properties after remarriage or title changes, then when the spouse who owns the separate property residence dies, the children of that spouse take the property in equal shares, unless there is some other will provision existing suggesting a different division. Obtain yourself probate legal counsel to assist you in this matter.
Answered on Dec 07th, 2012 at 1:47 AM
You need to give more details as it depends upon whether the house is community property, who dies first, whether there are any Wills or Trusts, etc. It will have to go through probate but there likely will be no estate taxes to pay. See the Nolo Press boos on probate for a layperson's explanation of the process.
Answered on Dec 07th, 2012 at 1:35 AM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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Generally the children.
Answered on Dec 07th, 2012 at 12:59 AM
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You should have an attorney review their divorce decree, wills, and deed to the house to determine that answer.
Answered on Dec 07th, 2012 at 12:59 AM