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Who gets the home?

Posted on: 08th Jul, 2009 09:12 pm
My girlfriends mother and stepfather divorced 4 years ago. He remarried adopted his current wife's son and as well they had a son of their own. He recently passed away in an automobile accident with his current wife leaving her in a coma. He had never adopted my girlfriend or took her mother off the deed to the property. Is my girlfriends mother responsible for the home or would it be passed down to the next heir? Unfortunate situation and probably tricky question but would greatly appreciate if someone could help with an answer. Thanks
Hi ecsean,

As the property deed is in the name of the mother and the stepfather, then your girlfriend's mother will be the owner of the property now. She can file an affidavit of heirship and transfer the property in her name.

Take care.
Posted on: 09th Jul, 2009 01:25 am
your girlfriend's mother can go ahead. ask her to collect death certificate & then file affidavit of heirship
Posted on: 09th Jul, 2009 08:16 am
As both suggested do affadivit of deth certificate to trnasfer to girlfriend's mother to your girlfriend.
Posted on: 09th Jul, 2009 09:27 am
Thanks for the responses. Another twist though, his new wife just passed away. Would the kid they had together and her son from another marraige, which he adopted, be entitiled to the home?
Posted on: 10th Jul, 2009 12:55 am
Hi ecsean,

The kid that your girlfriend's stepfather and his new wife had together can claim his share from the property. He can declare himself heir to your girlfriend's stepfather's property and get a portion of it.

Thanks
Posted on: 12th Jul, 2009 11:17 pm
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