Ok, so I'm only 19 right well my dad has been devoriced for a while. Well my mother's maden name is on the deed to the house and land as well as my dads. He he has recently remarried, "what joy! ", Him and my stepmother have only been married like 5 years but they have been together 5 years prior to there marriage, which leaves a total 10 years. Now if my dad has 4 childern and 1 stepchild, when he passes who gets what? My stepmom get it all or will it be divided. Sense my fathers marriage he has added 5 more acers to his land with a total of 10, ironic huh! If half is in his and my mothers name , and the other 5 in his alone how will the court divide everything up, my mother also has a son so if there are 6 childern total how in the world will that go over with out any problems. Out of all the kids I lived here the most. Now my younger sister is here and my step brother. Will my stepmom get more because of them? I need some help I'm so confused.

Hello young:

It depends on three things: (1) how title is held, (2) what his will says, and (3) what the law says.

You're right to be confused. If the property were to go to the kids when your dad dies, then it would cause problems. However, in order to avoid those problems (and to provide a home for the surviving spouse), MOST people arrange their affairs so that the surviving spouse inherits the property. When that spouse passes, the property goes to the kids, or not, depending on the will. IF the surviving spouse dies without a will, then the probate court and the laws of your state will decide "who gets what".

If your dad has 5 acres WITHOUT her name on it, and no will, then the court will decide.

excon