I think the estate will be passed onto his daughter since the real estate entitled joint tenancy with his daughter.
The surviving wife will, however, have a very strong case if the father dies intestate (without a will). Get Dad down to a good property lawyer and be prepared to spend $1000 or so. Well worth it, daughter.
Can you sell a real estate property titled in trustee after mother and father dies
Yes
That depends on the size of the estate, how it is titled, who it goes to, what state your father resided, and potentially other factors. If there are few assets and the estate is small, start by asking someone at the bank for advice. If the estate is large you should seek advice from a qualified estate attorney.
Be certain the property is titled properly. Property is generally held in one of two ways, Tenancy-In-Common or Joint Tenancy.
Yes. There are some limitation based on the total value of the estate, but if real property is involved, you need the finalization of probate. * Florida allows married couples to hold real estate as Tenancy By The Entirety. When the property is titled TBE it passes directly to the surving spouse and is not subject to probate proceure or creditor attachment if the deceased spouse is the sole debtor.
That depends on how the house was titled. If your father owned it with his current wife in a joint tenancy with the right of survivorship then full ownership passed to her when he died and the property is now in her estate. The property would pass to her heirs at law according to the laws of intectacy. You can check the laws in your state at the related question link below. You can add more details about who's names are on the deed and how they held title on the discussion page.
If the estate is governed my a legal document, i.e. a will or trust, and there is no specific language about the real estate then the real estate would be part of the residual estate. However, it also depends on how the real estate is titled at the recorder of deeds. If the real estate states that another party has the right of survivorship or is a joint owner other factors come into play. Before this question can answered to its fullest one must determine how the property is titled.
Usually they have the title Lord or Lady. However, if the father is multi-titled, they may adopt another title based on secondary titles.
As the only child, you may have a legal right to inherit a portion of your father's estate according to state intestacy laws. The laws differ by jurisdiction, but typically, spouses and biological children are the primary beneficiaries when there is no will. It would be advisable to consult with a probate attorney to understand your rights and options in this situation.
The titled owner of a condominium is responsible to pay assessments for a condominium unit, regardless of how the titled owner ended up with the title to the real estate. The state and the association's governing documents may extend this debt to a personal obligation that is separate from the titled obligation.
Yes, it is immaterial WHO pays the purchase price, the important thing is the manner in which it is legally titled.
luther vandross