can she leave her 1/3 in a will?

Question

In a will grandfather left his house to my father and his 2 children (my brother and I). My father died and my brother, my stepmother and I all share a 1/3 of this heir property. Can my stepmother leave her 1/3 to her own children or anyone else in a will?

Answer 1

Unfortunately, most of the people answering this question are giving you bad information. No one can answer the question you asked without seeing the deed that currently exists. Your stepmother may only THINK she now owns 1/3 of the property. If you haven't consulted a lawyer about it since your father died, you should do so. You and your brother may own the whole property now. It depends on whether the deed says the owners have the right of survivorship. If it says that on the deed, then when one owner dies, his/her share passes automatically to the other two, and he/she does NOT have the right to leave it to anyone in a will.

Read the definitions here

http://www.investorwords.com/4287/right_of_survivorship.html

Answer 2

Yes she can. Could it be contested? Yes again.

Often in such matters, the property must be sold so the estate can be settled and the stepmother can leave her portion of the proceeds to anyones she desires.

Additional:
Hey Mom, You need to check the definition of "marital" assets. Unless the husband was incorporated outside of the marriage, any assets (and debts) belonging to him are shared equally with his legal spouse. The grandchildren are fortunate that the estate was not left only to the father as the entire property would belong solely to the stepmother or worse yet, the grandmother died in testate where the courts would consume a large portion of the estate settling it. The laws vary only slightly from state to state. It is the duty of the legal executor of the estate to insure that each heir receives their entitlement.

Answer 3

Was there a will to grant her the 1/3 if not that 1/3 goes to you and your brother you each have 1/2 but if she has it on paper 1/3 is hers try and buy her out if you can then you will own the majority and have the say so over the house

Answer 4

Depending if your grandfather only left it to you 3, meaning that since your father has passed on it may not go on to your stepmother, it has to be divided equally between you and your brother. But if your stepmother is entitled to this share then it may be passed on to her children in her will when she passes. Sometimes things like this just don't seem fair, but that is the law.

Answer 5

YEP LiKE YOU SAiD iTS HER 1/3 BECAUSE iF YOUR FATHER LEFT iT TO YOUR STEPMOTHER THAN THATS RiGHTFULLY HERS....BUT ALL SHE HAS iS THE 1/3 WHiCH SHE WOULD HAVE TO SPLiT BETWEEN HER OWN CHiLDREN! BUT THATS ONLY iF YOUR DADS PROPERTY WAS LEFT HER AND NOT YOU AND YOUR BROTHER. HOPE i HELPED! ♥

Answer 6

Yes she can...if you want to insure the house stays in the family you should offer to buy her 1/3 share

Answer 7

why did your step pmother get a share? it shoudl ahev then been divided again for you and your brother since she was not in the will
since it has been given to her unfortunately she can do whatever she pleases with it

Answer 8

absolutely. she can leave it to whom ever she pleases. this is why homes get sold when parents die, so the heirs can split up the inheritance.

your lucky to get any thing. when my father died he left it all to his second wife. when she died she left it all to her kids.

Answer 9

yes

Answer 10

yes