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No, you would take your share of his estate, which already includes hers.

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Q: Can you claim your deceased mothers share in deceased dads property?
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What rights do you have if you have resided on your deceased fathers land for twelve years with his permission can you claim this property as your share of his estate?

You can certainly request that it be your share of the estate. There is no specific right to the property.


When the property is in my name can my brother apply for the court asking for a share?

If a property is transferred to you or you are the sole owner of this property, your brother cannot seek help from the court for a share in property, until and unless there is a document supporting his claim.


What rights do you have to your deceased grandma's property?

If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.


Who is entitled to a property where the partner has not been living with the deceased for over 17 years is the next of kin entitled to anything?

If the partners were married the spouse is entitled to a share of the property by law. You can check the laws of intestacy in your state at the related question below. Children or other relatives of the deceased may also be entitled to a share.


What is a sibling dies and is named in the will of a deceased mother?

If your sibling died before your mothers death and has been named as a beneficiary in your mothers will then your dead siblings family may have a claim to her or his legacy but it depends on the wording used when the will was drawn up and so really the will would need to be taken to a probate lawyer to be defined and eplained before you or any of the other siblings take your share of the estate.


Who receives your deceased father's share of your deceased grandmother's estate when he and his two siblings were left her house in the state of Pennsylvania?

It really depends upon the contents of a will and how the property is titled under the wording of the deed. Generally property held jointly passes directly to the other owners and is not subject to probate action. In a case such as noted, the deceased share of the property will likely be passed automatically to the surviving owners under the state's Joint Tenants With Right of Survivorship (JTWRS) laws.


Can anyone claim the share of a deceased joint tenant deed?

No. When two people own property as joint tenants with the right of survivorship and one dies, the interest of the decedent passes automatically to the surviving joint tenant. When the surviving joint tenant dies the property passes according to their will or according to the laws of intestacy if they die intestate.


When was We Share Our Mothers' Health created?

We Share Our Mothers' Health was created in 2006-05.


When can wife claim real property from deceased husband's estate?

The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.


Parents died without wills so are your deceased brother's children intitled to the a share of the sale of property?

Generally, under the laws of intestacy your deceased brother's children will inherit his share in the estate. You are entitled to 50% and they are entitled to share his 50%. Laws may vary so you need to review the law of intestacy in your particular jurisdiction.


What are Colorado laws on surviving spouse and property?

In Colorado, a surviving spouse is entitled to an "elective share" of the deceased spouse's estate, which is typically one-third of the estate. If the deceased spouse's will does not provide for the surviving spouse, they can choose to receive the elective share instead. Colorado also has laws that protect a surviving spouse's rights to the marital home and certain personal property.


If you are the only heir and your mother dies in South Carolina with the house in both your names what do you do?

Generally the deceased share of the property will automatically pass to the surviving owners. The status of the property would however, depend upon the wording of the property deed.