my dad and step mom were married for 3 years with a house in there name ( husband and wife) they got a divorce and kept the house in both there names but not as husband and wife 2 years later she pass's away and leaves my dad alive still staying in the house before dad can get her off the house my step brother says he's the heir to her side of the house so dad left it as is the tax roll say's ephriam sother and heir's of lori souther so dad stays in the home for 5 more years until he pass's away now what do I do as his son to put my name on the property and do I legally have to split it with step brother since his mother died first ??? there was no will's or any documentation what is my next step don't want to leave the property empty too long ?
1 Answer from Attorneys
The current state of title depends on exactly how the deed to dad and ex-wife names them after their marriage ended. If nothing was done their estates may each own 50% undivided interest. There is no way to know without reviewing the actual deeds or title. You will most likely have to probate at least one Estate and perhaps two. If no wills for either, the step brother would only have an interest if a portion was still owned by the ex wife's Estate upon her passing.