My dad passed and my isent on the deed

Can my mom take over my father's house after he divorced her and died years later

If the deed is in both their names as joint tenants or joint owners with right of survivorship then she became the owner at the moment of his death.

If you have the deed in front of you, quote the ownership exactly as written.

If you don't have the deed there, don't rely on memory, get a copy from the county and come back and answer the question.

adjusterjack said:

If the deed is in both their names as joint tenants or joint owners with right of survivorship then she became the owner at the moment of his death.

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That is assuming that there is not a superseding document or order from the divorce.

welkin said:

That is assuming that there is not a superseding document or order from the divorce.

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Yep, one more thing for the OP to look up.

mamasbg said:

Can my mom take over my father's house after he divorced her and died years later

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I have no idea what this question means ("take over"?). Here are all the facts we know:

1. Your father is deceased.

2. Your parents divorced at some time prior to your father's death.

2. "my isent on the deed" (what this means I have no idea).


Here are some facts that would be helpful:

1. How is the house currently titled?

2. When did your parents divorce (no need to be more specific than the year)?

3. Did your parents jointly own the house prior to the divorce? If so, did the title change after the divorce? If so, please describe the title change.

4. Did your father have a will? If so, please generally describe the relevant provisions. For example, did it mention your mother at all? Did it specifically mention the house? If the answer to either of those questions is yes, please provide detail. Also, when was the will made, and whom did he nominate to serve as personal representative/executor?

5. If your father had no will, did he have issue other than you? For purposes of your inquiry, "issue" means living children and, if there are any predeceased children, the children of those predeceased children.

6. Has anyone filed to probate your father's estate? If so, who did that, when was it filed, and whom did the court appoint as personal representative of the estate?

It would also be helpful to know why you're concerned about your mother "taking over" your father's house.

Once you provide relevant facts, we can point you in the right direction.