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What happens to my dad's property and belongings after his death?

What happens to my dad's property and belongings after his death?

Q: Am I entitled to my ex-spouse's inheritance?

Generally, you are not entitled to your ex-spouse's inheritance unless specified in a divorce settlement or agreement. Inheritance is typically considered separate property. However, if the inheritance was commingled with marital assets, it may complicate matters. Consulting with a family law attorney can clarify your rights.

Q: Can a second wife inherit?

Yes, a second wife can inherit from her husband if he leaves assets to her in a will or if they are jointly owned. If there is no will, state intestacy laws will determine her inheritance rights, which may vary. In some states, a surviving spouse has a legal right to a portion of the estate, regardless of other heirs.

Q: Are children from a previous marriage entitled to inheritance?

Yes, children from a previous marriage are generally entitled to inherit from their parent unless specifically disinherited in a will. If the parent dies without a will, state intestacy laws will dictate how the estate is distributed, usually including children from previous marriages as heirs.

Full question:

We have a problem my dad died and was married to a second wife after his first wife died. Surviving is 5 kids of my dad. He owned a house the deed is in his and his first wife's name. The actual house sits half on one of the son's property line. There are a lot of belongings that are owned by my dad: 3 cars, 1 backhoe and a lot of tools. What can we do? The ex and kids don't get along.

Category: Real Property
Date: 04/07/2025
State: Pennsylvania

Answer:

The resolution depends on how your father's property title was held and how his estate was managed. If his property went through probate and was transferred to his wife, she and her heirs would own the land and any structures on it, including the house. Personal belongings like cars and tools would also be handled through probate. If your father had a will, it would specify who inherits these items. If the will states that only his children inherit the property, they have the right to collect those items. However, they may need the probate court's help if access is denied.

If your father died without a will, the probate court will determine inheritance according to Pennsylvania's intestacy laws.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who inherits a house if the surviving spouse is not on the deed?

If the surviving spouse is not on the deed, the house typically goes to the heirs named in the deceased's will or, if there is no will, according to state intestacy laws. In many cases, children from previous marriages may inherit the property, especially if the deceased intended for them to do so. It's essential to review the will and consult with a probate attorney to understand specific rights and options.

Am I entitled to my ex-spouse's inheritance?

How do you protect your children's inheritance if you remarry?

To protect your children's inheritance when remarrying, consider creating a prenuptial agreement that specifies how assets will be divided. Additionally, you can maintain separate accounts for inherited property and assets. It's also wise to update your will to reflect your wishes clearly and consult with an estate planning attorney for tailored advice.

Can a second wife inherit?

Are children from a previous marriage entitled to inheritance?

Can a child born out of wedlock inherit?

Yes, a child born out of wedlock can inherit from their biological parents. In most states, they have the same rights as children born to married parents. Establishing paternity may be necessary to ensure inheritance rights, especially if there is no will. Consulting with a family law attorney can provide guidance on specific situations.