Who Owns Property Left in the House of a Deceased?
Full Question:
Answer:
The answer will depend on all the facts involved, such as whether the grandmother's and mother's estates were probated and whether there was a will. If the grandmother's estate and/or mother's estate passed to the step-father at their deaths, it would belong to him and he would be able to dispose of it as he wished. Whether the stepfather inherited the property of the deceased would depend on whether it was bequeathed in a will, or if no will existed, he inherited it through the laws of intestacy of the state. A person can only leave property in a will that they have ownership of.
When a person dies, their assets are distributed in the probate process. If a person dies with a valid will, an executor is named to handle the distribution of the estate. If the person dies without a valid will, the court appoints an administrator to distribute the decedent's assets according to the state's laws of intestacy. In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process. To dispose of the real property interests of the decedent, the executor or administrator executes an executor's deed or fiduciary deed. For example, if a person who is a joint tenant dies without a will, the administrator of the estate can execute a fiduciary deed transferring their interest to the remaining joint tenants, or other person entitled to receive the interest under intestacy laws of the state.