How do I get my inheiratance when there is no will and sibling & stepchildren are involved?

Question

My dad died 4 years ago and left no will , his wife (my stepmom) was still living in the house & stated many times prior to her death she would like one of the kids to keep the house.After her death; last winter; her son moved into the house and lived there for 5 months but quit making the payments after the first 2. He told the owner of the house he no longer wanted the house & was letting it go back. I would like to buy the house for what is owed on it but my stepbrother & his sister want to sell their share & so does my sister. My brother has said i could have his share.Do I have to buy their shares even if they don't want the house? Also, the house is in very bad shape ; over $10,000. worth of repairs are needed. While my stepbrother was living there he contributed to its decline by removing all the appliances, hot water heater, air conditioners, and filled the house and yard with garbage; he even took some of the cabinets.

Answer 1

First, I think it depends on the laws in your state. I'm really not sure who "the owner of the house" is - your history on this isn't clear. To whom did your step-brother tell "the owner of the house he no longer wanted the house and was letting it go back"? Is the same step-brother the one in your question that wants to "sell his share?" I would suggest that you keep an eye on it, let the tax collector take it, have the cash ready and buy it at auction - it would be cheaper than paying anyone anything, I would guess since it sounds like everything that was of value was taken (and I think if you decided to deal with your "steps", I would point out that he made the house uninhabitable, and BTW, how much money did he get for the appliances, cabinets, etc.? The step-sister - it would make a difference in my eyes how long you father was married to your step-mother. Is she simply jumping on the band wagon? Sounds messy in all respects. Again, I'd buy it for the taxes due and/or at auction.

Answer 2

It is going to depend on where you live, but as your Dad died without a will, all of his assets in most States would have gone to his wife. As she died without a will, her assets (including your Dad's house) became part of her state and would go to ther legal heirs (her children, unless she remarried). You and your sister may not legally be entitled to anything.

If there is a mortgage balance, unless the estate or someone is making the payments, it will end of getting repossessed by the creditor that holds the mortgage.

It sounds like the best solution would be to walk away from the whole mess, however, if the house has strong sentimental value and and depending on your financial situation (or ability to get financing) and the current amount left on the house, a better solution would be to contact the mortgage holder on the house, let them know of your interest and ask that they keep you informed when it goes to Sherriff's Sale after they repossess it. If the mortgage holder legally repossesses the house, the only other priority debt would be other creditors, and it would nullify your step-sibilings or sister's alleged claim to the equity in the property.

If you can come up with financing that meets the obligation that is owed to the Creditor, they will most likely accept the bid.

Answer 3

You have to pay each their share, be cheaper to buy something else, by the time you fight this in court, the mortage company will have taken it back. If this happens, they want get nothing either, so could work out in more ways than one for you, they did you dirty and they lost it all.

Answer 4

Where somebody dies and there is no will, all assets, other than jointly-owned assets which pass on right of survival, go according to the intestate act of the state or province. So, if a man and a wife own their house in joint names (with right of survival), their bank accounts and their investments jointly, those items pass by operation of law to the survivor.

In Pennsylvania, if somebody dies without a will, their estate is divided as follows: § 2102. Share of surviving spouse. If there is no issue or parents of the decedent, the wife gets everything. If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate. If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the first $30,000 plus one-half of the balance of the intestate estate. #
# If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate.

§ 2103. Share of others than surviving spouse. The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, shall pass in the following order:

1. Issue.-To the issue of the decedent.
2. Parents.-If no issue survives the decedent, then to the parents or parent of the decedent.
3. Brothers, sisters, or their issue.-If no parent survives the decedent, then to the issue of each of the decedent's parents.
4. Grandparents.-If no issue of either of the decedent's parents but at least one grandparent survives the decedent, then half to the paternal grandparents or grandparent, or if both are dead, to the children of each of them and the children of the deceased children of each of them, and half to the maternal grandparents or grandparent, or if both are dead to the children of each of them and the children of the deceased children of each of them. If both of the paternal grandparents or both of the maternal grandparents are dead leaving no child or grandchild to survive the decedent, the half which would have passed to them or to their children and grandchildren shall be added to the half passing to the grandparents or grandparent or to their children and grandchildren on the other side.
5. Uncles, aunts and their children, and grandchildren.-If no grandparent survives the decedent, then to the uncles and aunts and the children and grandchildren of deceased uncles and aunts of the decedent as provided in section 2104(1) (relating to taking in different degrees.)
6. Commonwealth.-In default of all persons hereinbefore described, then to the Commonwealth of Pennsylvania.

The example I provided was the Pennsylvania statute.

The facts that you presented do not give an indication of how the house was owned. I would have to assume that husband and wife owned the house jointly as tenants by the entireties or as joint tenants with right of survivorship. If that were the case, the stepmother would have owned the house outright subject to any mortgage, and you would not have any rights unless you were named in her will or were adopted by her. If the house were owned just by your father and his wife's name was not on the deed, the property would be owned by the stepmother and the father's children as intestate heirs.

You will have to buy out the shares of any intestate heirs of your father or stepmother in order to have a fee simple ownership of the property. This would be a requirement for you to get the mortgage in order to buy out the other fractional interests.

There would be a potential cause of action against the stepmother's son for "waste" on the property.

There are some complicated issues involved here. My best advice to you is to consult with a lawyer. There are issues of intestate succession involving two decedents, conveyance of fractional interests to one person, and a potential action for waste against the stepbrother. CONSULT A LAWYER NOW. Things get more complicated as descendants of your father and stepmother die, are born, and marry.

Answer 5

By the time you spend your inheritance on lawyers, there won't be any left.

Answer 6

You need to contact a lawyer...not YA...