What laws protect heirs of a fathers estate from unfair division of property?

Question

Within days after my father passed away my Stepmother and step siblings began dividing my dads things and going over his will.I had no idea, because no one told me it was happening.I missed out on the divisions of everything. Ive asked family memebers what dads final wishes were and was told about a will that left certian things to certian people and with no mention of myself or my bioliogacal little sister in it. Just stepmom, stepsister and one of my two stepbrothers. What was not mentioned in the will was left to stepmother who sold and gave away valueable things without even asking me if there was anything I might like to have. Including family heirlooms. My feelings are hurt and nobody cares. Is that so wrong? Ive been told by stepsister that everythings long gone, sorry about your luck, even legaly nothing can be done about it now and that because stepmom had all rights to dads property she also had all rights to disteribute things to people she wanted to give them to.

Answer 1

There aren't any, because the law is concerned with following the decedent's expressed wishes, whether or not a third party considers these to be "fair" in some sense. Your only recourse is to examine a copy of the will (available at the courthouse) and see whether its provisions were followed, and if not, whether the abuse is so egregious as to justify a lawsuit.

Answer 2

So sorry about your lose. But if a Will was made up , there is nothing you can do. . If he let things to his wife (your step mother) she has a right to do what ever she wants . That is why she sold those things so fast. But if you and her get along she should had asked you what you wanted before she did. Even leaving other things to the step- children is ok. He probly had them listed what they got. When someone dies I found people become greedy and take what they can. She probly had Power of Attorney where she could take all the money and pay the bills and do what he said. an d keep property. I have been thru that also . My husband passed away 3 yrs ago . He had a will did not want to leave his chioldren any thing. I was the Power of Attorney also, But when they came I told them I wanted them to have things that were his etc. from his side of family. But of course I have the house everything we got together. They were really happy , and it made me feel better. It is a shame she did that to you I had a will also made up a extra paper telling who get certain things It best Sorry Pem

Answer 3

get in touch with the public trustee . inquire at a court house if you are unsure how to do this . if the will was a legal one your father would need a solicitor .find out who the solicitor was by putting a notice in the public notices of the newspapers in your state. if there was a legal will your stepmother has to produce the will and give back that which she took and/or reimburse you for what she sold .she would most likely be in the will herself so she could not act as the person delegated by your father to see that the will was carried out according to his wishes .all that info will be on the will and the solicitor , if there was one , will have a copy.

Answer 4

best thing to do is talk to a probate laywer. but it depends on how long they where married.short term vs long term when he passed and the state you live in ( hence anna nicole smith ). take them to probate court. but if the wording of the will say's nothing about you or your sister. really not much you can do other then take them to probate court. but the fight would be on if the wording of the will does not have you or your sisters names in it. sorry for your loss.

Answer 5

Check the probate laws in your state.
You might have a possible recourse.

Answer 6

http://answers.yahoo.com/question/index;_ylt=Ar2ER1yMAA38SaVdBFb2KPPsy6IX?qid=20060812234434AALpubw

that was already asked :)