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My father has just passed away and my mother 5 years ago. My mothers will says that I get her half of the house and land and my fathers says that the house is to be split 4 ways between my brothers and I. I think my brothers are trying to contest the will to make sure I dont get my mother half. I just need to know that because my mother died before my father does that cancel out her will and that what my fathers says goes. Any advice would be great thanks
2 ANSWERS
It depends how the property was titled and it depends on the language of the wills.
If the property was titled between your father and your mother as "in the entireties" (as is usually the case between husband and wife), that would mean that upon your mother's death, the property became your father's fully, and then his will would rule. If it was titled as "tenants in common" or not specified (unlikely, but possible), then your mother's will would dictate her share of the house and your father's will would dictate his share. More than likely, your father's will will control, but it wouldn't hurt to consult with an attorney to be certain.
Answered on Feb 25th, 2013 at 5:19 PM
Bankruptcy Attorney serving Mechanicsburg, PA
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Richard D. Koch
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Ms. Baker,
The important questions to be answered are what did your mother's will say re your father and what was the relationship between your mother and father? Your father can't leave anything he didn't own. I'm in Mechanicsburg. If you're not near here, you should look for someone close to you. Good luck.
Richard Koch
Answered on Feb 25th, 2013 at 3:30 PM