My stepfather died without a will, who has legal claim to the house in Ct.

3 views 3 answers
My step father died without a will, the house is deeded in his and my moms name, she died several years ago without a will...he has 2 children from a previous marriage that he has had no contact with for 45 years, we have never met and I don't know where they are. His parents are deceased but he does have 3 siblings still living. Who has legal claim to the house?

Attorney Answers

3
Steven Fromm ·
If your mom predeceased him and he died intestate (without a will) then the laws of intestate succession of the state where he lived at his death would control the asset disposition. You need to meet with an estates lawyer to review the family tree and how it relates to the intestate rules in the state in question. Yikes. If dad had assets in his own name they are controlled by his will and his estate must be probated and such assets will pass in accordance with the will. Mom's estate needs to be probated also for any assets in her name or any assets that were held jointly that become her own assets at dad's death. Get with an estates attorney now. This should have been done in 2010. Your problems cannot be solved without retaining such a lawyer. Hope this helps. If you like this answer and have a Google account , please hit the +1 sign above. It takes just a second to do this and it would be most appreciated and would help others. Thanks. Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is [email protected] , his website is www.sjfpc.com. and his blog is
0 upvotes
Kent Miller ·
If your stepfather died without a Will, all of the assets in his name pass to his heirs according to the laws of intestate succession. In Connecticut, if he did not remarry after your mother died, then this is governed by section 45a-438 of the Connecticut General Statutes which can be found at this link: http://cga.ct.gov/2011/pub/chap802b.htm#Sec45a-438.htm Under this statute, your stepfather's property passes to his children. This is true even if he has had no contact with them. An intestate estate will need to be opened in order to establish the new title to the property and your stepfather's children are required by law to be notified. This would be true even if he had a Will. His siblings have no legal claim to his property, unless all of his children predeceased him. I recommend that you consult with an attorney to determine what your best course of action is next. Kent M. Miller Attorney-at-Law Professional Genealogist PO Box 352 Stratford, CT 06615 Tel: 203-380-2161 Fax: 866-496-4374 (toll free) [email protected]
0 upvotes