Inheritance Question

UPDATED: May 18, 2009

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Inheritance Question

My father died and my stepmother is in a nursing home. In checking records, I find both of their names are on her house that someone else is living in. Is this legal and can I make them sell it for my part of it?

Asked on May 18, 2009 under Real Estate Law, Arkansas


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm not sure you have any interest in the house, and you'll need to take copies of all the records to an attorney to clear this up.  One place to find a real estate lawyer is our website,

Often, when a husband and wife buy a house, the deed is set up so that when one of them dies, the house automatically becomes the sole property of the survivor, and it does not get affected by the deceased spouse's will.  This isn't always the case, though, and the records should clear this up.  You may also want to talk to the lawyer about your father's estate, if he had any other property -- and certainly, if his half of the house is part of his estate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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