Dear Ms. Allison: What happens to the property my mother and stepdad own if he dies and leaves it to his kids? LS from Oklahoma

Dear LS:

I need more information to give you a real answer. For example:

  • Is your mother alive?
  • Is it her property or his? For example, is his name the only name on their home deed or bank account or do they hold title joint with rights of survivorship?

If your mother is deceased, and your stepfather owns all his property in only his name, he can leave his property to whomever he likes.

If your stepfather has no will, all his property will go only to his children by state law.

If the property was jointly titled, there may be other options, depending on the type of joint ownership.

I am an estate and probate attorney, if you want a better answer, contact me to review your particular details.

To your success, Gale Allison

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