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There are different possibilities depending on the details. If your mother died while married to your father, the property belongs to him and it would pass according to his will. If he died without a will the interest in the house would pass according to the laws of intestacy of your state. Usually the widow receives a portion and the children receive a portion, especially when they are not the children of the widow.

There may be other possibilities if your mother died after divorcing your father or if she is still living. You should contact an attorney who specializes in probate law. Your father's estate must be probated.

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Q: What happens to your fathers house when he remarries and he dies and the house is in his name and your mothers name?
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