What are my brother and I entitled to after father’s death? 3 Answers as of June 28, 2011

My mother passed away 7 yrs ago, my father remarried shortly after this. My mother and father bought a house and father sold it after mothers passing, then bought another house with the proceeds of first house with wife number 2 do my brother and I have ownership in this house even if wife number 2 is the beneficiary on the house do to the fact it was my mother and fathers money that bought the house? And what about the contents of the house if no will was made does wife number 2 get everything or can my brother and I claim my father’s guns etc

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Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
It will depend on the laws of the state in which your father lives. Depending on the laws, you may have rights if there is no will, but not likely in the house without your father making an estate plan.
Answer Applies to: New Hampshire
Replied: 6/28/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Sorry, but you and your siblings are not entitled to the house if it was bought in both your father and stepmother's names - despite the fact that the money camepartially from your mother'sestate. It was your father's money to do with as he wished during his lifetime and he bought a house with his new wife in both names. As such, shereceives the house by operation of law. As for the personal property, it is distributable by the rules of intestacy, meaning the children share it with the late wifeona percentage basis. Speak to an estate lawyer for further details. Good luck.
Answer Applies to: New York
Replied: 6/27/2011
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