How was title to the house held. If you Joint Tenancy or Community Property with right of survivorship, your mother's interest passed to her husband on her death.
If the house was held as tenants in common, then 1/3 to the husband the other 2/3 to you. If the house were held as CP, then the husband would be entitled to your mothers half since she didnt leave a will or other testamentary interest disposing of her half.
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Attorney Shultz is correct. This answer will depend on the titling on the deed. Please have an experienced estate attorney in the state of your mother's residence review the deed and assist you with any other issues in connection with the estate. Good luck to you.
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I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.
Attorney Schultz is correct. The form of title will control. You should consult with a local estate attorney for a fact specific analysis.
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