QUESTION

Can children lay claim to any share of a house belongin to their father and stepmother.

Asked on Jan 19th, 2014 on Wills and Probate - New Jersey
More details to this question:
A husband and wife own a house together. Both names are on the deed.The children are wifes's stepchildren. Husband dies. Can the stepchildren try to claim the husbands share or a portion of the house.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
the answer to this is going to depend on several things.  first, how were both names on the deed?  If both names were on the deed and joint tenants with right of survivorship - then the surviving person gets the whole property. Second - did the husband have a will?  What does the will state? If the husband did not have a will, who is the administrator of the estate?  what other assets are in the estate?  All of these facts need to be discovered before an answer about the division of estate assets can be determined.
Answered on Jan 20th, 2014 at 10:17 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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