My mother had our house and land in her name when she divorced my dad. Ever since it is in her name when married to my father. She remarried, she has passed 6 years ago and now my step father has passed, last month. I am the only child. How do I get my name on this deed... Does it legally become mine now?:o

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Originally Posted by Trewillow

My mother had our house and land in her name when she divorced my dad. Ever since it is in her name when married to my father. She remarried, she has passed 6 years ago and now my step father has passed, last month. I am the only child. How do I get my name on this deed.... Does it legally become mine now?:o

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Did your mother leave a will?

If not, depending on the jurisdiction you are in, you would have inherited a share (perhaps a half). Your step-father would have inherited the rest. Someone needs to get her estate probated.

My mother and father divorced, the deed to our home and land was put in her name. She remarried. She passed away 6 years ago. Without a will in Virginia, I got 2/3 and my step father got 1/3. He just passed away August 1, 2009. What do I need to do to get the deed into my name, if I need to probate... how do I go about that. I am the only child. My mother and step father did not have any children. He had no children of his own...

I live in Virginia, there was no will. There are no other children. I am the only child on my mother's side and my step-father never married before and never had children. How do I go about probate. Thank You for all your help... ;)

If there has been no will, I live in Virginia. My mother passed 6 years ago, we did probate, showing my step-father and I was only survivors. He was allotted 1/3 and I 2/3 of the land and home. My step-father passed away on Aug 1, 2009, without a will. Does this property go to me alone or will 1/3 go to his surviving sister and brother? He had no children. What do I need to do to get this deed in my name. This was land and house bought by my father and left to my mother when they divorced. It is still in her married name to my father.

Your step-father's estate needs to be probated. His share of the house becomes part of his estate and goes to his heirs. So you will own 2/3 and his heirs will own 1/3.

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Originally Posted by Trewillow

How do I go about probate. Thank You for all your help...;)

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Hello T:

Hire a lawyer.

excon

My mother was given land and house by my real father. She married my step father, both are dead, no will, we live in VA... would I not inherit it now... since my step father had no children and I am only child. Also, if it stipulates in deed or divorce papers that it would go to me on my mother's death then I would be able to put deed in my name.. The deed is still in my mother's name. (her married name to my father):)

You keep asking the same question, but each time you add a little more information. Please don't start a new thread each time you want to add something. Keep everything together. I've merged your threads.

If the deed your mother received states that the property goes to you after her death then you will inherit it. If the divorce papers stated that then you can probably file a suit for it but you may inherit only part of it.

Speak to an attorney.

If your stepfather's name was not on the deed and the deed and divorce papers stipulate the property goes to you in the event of your mother's death, then you should have had the deed changed when she died. Was her estate ever processed?

By not changing the deed when she died you may have made more of a mess of this. And to unravel it, you need an attorney.

If you stepfather is entitled to a share of the house because of being married to your mother, then that share goes to his estate and his heirs. Doesn't matter if he had children or not. If he had no children, then there may be other relatives who are entitled to his estate. If he is entitled to a share of the house, then you can claim that share ONLY after determining he has no living heirs.

And, please do not start a new thread. Just use the Answer This Question options if you want a follow-up.

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Originally Posted by Trewillow

... Also, if it stipulates in deed or divorce papers that it would go to me on my mother's death then I would be able to put deed in my name.. ...

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Are you telling us (that your mother only had a life estate) or asking us?

If you are saying that the divorce decree provided for such a life estate with remainder to you, and if a deed was duly prepared to that effect, it may be a relatively simple matter to straighten things out.

But as others have told you, you need to see a Virginia attorney.

My mother died and she had no will how do I go about putting the deed in my name