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About our inheritance in another state and will be divided between adult children from each of the parents?

Mesa, AZ |

My mother passed and soon after so did my stepfather. House and land have to be divided into our side(mothers) and other part towards my stepfathers children. But we cannot seem to get any information as to what my step dads kids are doing. We would sell our part to them if they want to. On my brothers and sister side we do not want to cause problems just what is my mothers part.

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Attorney answers 3

Posted

In order to determine whether you have any interest in the house and land, you need to know how title was held. For example, in Arizona, if title was held by your mother and stepfather in joint tenancy with right of survivorship, then upon your mother's death, the entire house would pass to your stepfather's side of the family. If the property was held as tenants-in-common, and your mother did not leave a will, you would most likely be entitled to one half of the interest in the property. As the estate is outside of Arizona, you should definitely contact a probate attorney in the state where your mother lived.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

Posted

You need to have the entire situation reviewed by a probate attorney in the state where your mother and stepfather resided, at the time of death. The title to their assets as well as the presence of any estate planning documents will dictate the answer to your questions.

I am very sorry for your losses.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Posted

Depending on how the property was titled when your mom died, you may have to open a probate estate to clear title in the real property in the state where the property is located even if it is different from where they resided when they died. An experienced probate atty can help you on this matter. Good luck.

Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less

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