Who inherits if my late father already had chidlren when he married my mom?

UPDATED: Sep 25, 2014

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Who inherits if my late father already had chidlren when he married my mom?

Then they had 2 kids together (my brother and I). My father is deceased and my brother just died. My mom’s name was on the deed. Do my half-siblings have any claim to the house, being that I’m my mom’s next of kin (not them)? What should we do to ensure that the house comes to me only ?

Asked on September 25, 2014 under Estate Planning, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  The order of death of your parents matters if they died with out a Will, known as "intestate."  The intestacy statute would govern distribution.  If both parents were dead before your brother passed then his estate would have inherited and that is an issue as well. I would speak with an attorney.  

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