El Jebel, CO Estate Planning Law Firms & Lawyers

If you both want to sell, you should have a lawyer to protect your interest. If it is an ex., meaning you are legally divorced, and unless the court acted otherwise the two of you have an interest in the property considered as owned as tenants in common. Equal ownership. The original deed which may be tenants by the entirety. This would be altered by the Probate Court filing of the divorce the title changes the interest to tenants in common. You own half and your heirs, children, etc. inherit your half. Her half goes to her heirs.

There are insufficient facts upon which to form an opinion. If her stepbrother is sold the piece of land which is in your father's name, and not his, after your father's death, unless he has some form of authority to do so the transfer would tend to be invalid.

More information would be needed. How are the assets titled? If everything is in joint names, then it would pass to the surviving owner. As you know, an asset with a designated beneficiary goes to the beneficiary. If the assets were in the decedent's name alone, then in the absence of a Will, the intestate law would determine who gets what. In Michigan, the surviving spouse would be entitled to as much as $200k plus a portion of the remaining assets. The title of the assets is the key.