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  1. #1
    Join Date
    Apr 2015
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    1

    Default Inheritance Rights to a Parent's Home, Not Included in a Divorce Judgment

    My question involves real estate located in the State of: Washington

    My mother passed away several years ago when I was a teenager, shortly after divorcing my stepfather in 1999. They jointly owned a home, which my mother paid off and bought brand new in 1994, and upon her death in 2000, I never heard anything of what became of her part in the ownership of that house. She died less than a year after the divorce and most certainly never received any compensation for the property following the divorce. There's nothing in her divorce papers regarding the house, either. I do know that my stepfather continued to live in the house and that they had agreed to sell it after they separated. I researched all sales of the property and found only one: that the house was sold by my stepfather, to himself and a new wife for $0, three years after my mother's passing, under a Quit Claim deed. They still live in the house to this day. My question is, is it possible that my mother still retains part ownership of the property?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Inheritance Rights to a Parent's Home, Not Included in a Divorce Judgment

    For an analysis of a possible claim you are going to need to have the title history and the divorce judgment reviewed by an estate lawyer in your state, along with the history of any probate proceedings that have already occurred.

  3. #3

    Default Re: Inheritance Rights to a Parent's Home, Not Included in a Divorce Judgment

    It is possible for your stepfather to transfer property via a quitclaim deed from himself to himself and his new spouse. He can do that even if he is not the only person listed on the deed. All he would be doing is transferring his own interest in the deed.
    Did your mother ever terminate interest in the property with a quitclaim deed listing your stepfather as the sole grantee? If yes, you are probably out of luck. If not, then it is possible the property is part of your mother's estate.
    Did your mother have a will?
    Did you inherit anything from her?
    If there are probate proceedings, you can access them yourself. Probates are public court records.

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