Does step mother have to sell home if my father died without a will?

Question

My real father died without a will. I havent heard from him in 25 years. He and his second wife owned a home together, and my grandmothers property(my fathers mother) has been put in the second wifes name at some point. I now own 1/8 of these properties due to the fact he didnt have a will and they have 4 children together or by first marriages,and want to know if the stepmother has to sell the properties to pay me my portion if I request it.She lives in the house they owned together, and my grandmothers property is either rented or not lived in. Can I make her give me my part?

Answer 1

The law of intestate succession is very specific. In any case where a married person dies without a will, an executor will be appointed by the court to settle the decedants debts and distribute their property. Of course, a family member could petition the court to be appointed as executor, and it would be ok unless some conflict of interest was raised.
That being said, the general rule is that the surviving spouse gets one half of community property and all of her separate property under rules of intestate succession. The remaining half of the community property is supposed to be divided equitably between "all surviving issue of the decedent." That means children born to him, whatever his marital status was at the time.
Even a child born out of wedlock is in most cases entitled to claim an intestate share of the estate during the probate proceeding.
You say the property was "put in her name." Exactly how was that done? Because there is a legal document called a transmutation which allows a person to waive their interest in a
community asset and transfer it to their spouse. If that was done,
then the asset is the sole and separate property of his wife and not subject to division by a probate court. How is it that you own 1/8 of the property? If you have documentary evidence that some portion of title to that property was transferred to you, be sure to appear at the probate hearing and present your claim. If your father was incompetent at the time of the transfer, you could have a basis for an undue influence claim, and generally what that will do is negate the portion of the document concerned in the undue influence. In this case, the title transfer.
The way to proceed is to appear at the probate hearing and present your claim. I would suggest that you visit your local law library and research the rules of intestate succession before though, because the rules may differ in your state.
One other point, his widow may get the majority of his property, but at the same time she is responsible for all of their joint debts.
As far as the house goes, it depends on if there are enough other assets in the estate to cover his final debts and expenses.
That would be established in an accounting during the probate process.

Answer 2

What you get depends on the laws in the state where the property is located and the intestacy laws in the state where your father lived. You should contact a lawyer. In short, generally you would be able to force sale if the property can't be divided or a settlement reached (such as your stepmother buying out your share). However, some states would give your father's wife a life tenancy as long as she continues to live in the home, meaning she can stay there until she dies so long as it remains her homestead.

Answer 3

If you talk to a lawyer, you may very well be able to force her into a financial settlement. The more important question is this: do you really want to go in that direction? You hadn't heard from your father in 25 years and he died. Is this possibly your way of making her pay because your father abandoned you? I recommend that you pursue grief counseling as your first course of action. Deal with the good, the bad and the ugly of your feelings about your father. It would be easier for you and your stepmother, if you do indeed want to have your inheritance paid out, if you can address the subject in a way that is not clouded by irrelevant emotions. I wish you the best of luck.

Answer 4

Usually when someone dies without a will ...and, has a spouse, the property automatically goes to the spouce...(threw probate court)...which takes about a year to settle...this whole situation is confusing...

is your name on any deed? you can not claim you own something unless your name is on the deed.

go to the clerk of family courts in your county...and, look up the property deeds, and records,...research this, and try not to hire an attorney..(they will rob you blind)...you really need to educate yourself...and, have all your facts straight before you go forward...

best wishes

Answer 5

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Answer 6

if he didin't have a will then EVERYTHING goes to your stepmother because she was his wife at the time he died. Besides why should you get anything after not having a relationship with him for 25 years? So NO she doesn't have to sell a house that was her husband's and that is in her name so that you can get "your fair share".

Answer 7

as always---executor of the estate has to settle the prpoerty..if no will then court appoints one...
if any problems an attorney will represent the estate and do what has to be done..
include selling property if need be..
normally a settlement can be reached bwt all concerned..