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You need to review your mother's will to determine if there is any provision that may answer your question. She may have specified the property was to be held as joint tenants or she may have granted your father a life estate in the property. In either case you would be the owners of the property. If he owned a half interest in the property in his own right then it may pass to his second wife. You must determine how you and your father held title.

Any estate that passes title to real property must be probated in order for title to pass to the heirs legally. You should contact the attorney who handled your mother's estate to inquire how you and your father held title. You need to speak with an attorney who can review all the details of your situation and explain your position under your state laws.

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Q: Mother left her property to her husband and children. He remarried and has died. Who owns the real estate now?
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