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My mother remarried, on her passing her spouse was named personal rep and I was named successor personal rep. Her spouse has passed however I looked up the deed and it remains in my mother name. so my question is Are these properties mine? or now his kids?
Mar 22, 2023
Probate
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

Unfortunately, I can't provide an answer with the details given. Your status as a personal representative does not have any bearing on who will inherit the house. To determine who will inherit your mother's house, you will need to look at her estate plan, or lack thereof, at the time of her death. The house will go either by probate, survivorship or by beneficiary designation on a beneficiaries deed. If the house will transfer by probate, then it will transfer by a Will if your mother had one, or if not by the laws of intestacy. If more than one person was listed on the deed, then you would need to examine how the property was held - namely joint tenants or tenants in common. This is further complicated when we have a second marriage as the biological children have certain rights and the surviving spouse has certain rights to inheritance, which depend on the size of the estate and whether there was an estate plan. All of this assumes that your mother's domicile was in Colorado at the time of her death. As you can see, the determination in your case requires analysis to determine the correct heirs. As the named personal representative, you can likely be appointed by the court to have the authority to sort out the proper inheritance issues. I would recommend speaking with an attorney. If you would like to talk to our probate team please contact us at (303) 688-0944, or go to https://www.robinsonandhenry.com/locations/ for additional contact options. *The foregoing information is general advice only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. *

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