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My father just died,no will.He left an home,so who get the property.My mom or older sister.?

12 Answers

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  • ?
    Lv 7
    1 decade ago
    Favorite Answer

    Your Mother & Father where married, (like one).

    Which ever one dies first, the posessions remain with the surviving spouse and life goes on.

    Your Mom needs to consider getting a living trust rather then a will.

    That way when she passes away you can avoid probate.

    My husband & I have a Living Trust.

    God Bless You & I'm so sorry for your loss. ~~~~

    Source(s): Tx.
  • 1 decade ago

    I'm sorry for your loss.

    Assuming your mom was married to your dad and lived in the home, she almost certainly will. Her name is probably on the mortgage or property deed. Different states have different laws for dividing up property of those who die without a will in the probate process. In just about every conceivable case, they would favor the home passing to the married spouse, not a daughter.

  • 1 decade ago

    The property should go to his wife,your Mother.Did your parent's own it free & clear,and is your Mother able to maintain it & care for herself?Why did you ask if it could go to your sister,did your Dad owe her some money?Take care & GOD BLESS.Sorry to hear about your loss.

  • Anonymous
    1 decade ago

    You mother of course, it always goes to the living spouse.

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  • Anonymous
    1 decade ago

    if your mom and dad were still married and your mom is still alive then it should go to your mom...then she can will it to whomever she pleases...and i am so so so so sorry about your dad...i know what it is like to lose someone close to you...i hope God brings peace and comfort to you and your family

  • 1 decade ago

    Everything will go to the surviving spouse.

    Sorry about your father.

  • 1 decade ago

    Your mom, probably....sorry for the loss

  • 1 decade ago

    THE PROPERTY WILL GO INTO PROBATE AND YOUR MOM SHOULD GET THE PROPERTY AND THEN SHE CAN WILL IT TO WHOEVER SHE WANTS OR FEELS DESERVES THAT... I AM SORRY ABOUT YOUR DAD AND KEEP YOUR SPIRITS UP...GOD BLESS U AND YOUR FAMILY...

  • Anonymous
    1 decade ago

    Your mom if they were still married.

  • Anonymous
    1 decade ago

    your mom...if there is no will the spouse keeps everything

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