My mother passed September 8, 2006. Per her will my stepfather is living out his days in her house. Who knows how long this will be. The will appears to list him as the executor of the estate. Where does this leave my brother and me as we will eventually have to settle this between ourselves. Can my stepfather sell the house without consulting us? What rights do we have concerning my mother's will? We never received a formal reading of the will after her death. Is there a time limit for this? I can't get hold of him by phone. I live in Omaha, NE so I can't just hop in the car and make a quick trip. My brother lives in Houston, TX but has a full life and is not too concerned with this matter. Please advise in this matter. I have written the lawyer who filed the will but never heard back from him. There is the house, the land and other antiques and possesions inside to consider. Thank you
2007-05-22 05:00:58 · 7 answers · asked by Susan J 1 in Business & Finance ➔ Renting & Real Estate
A formal reading of the will is not a necessary factor to winding up an estate.
If your stepfather is sole executor then you should be corresponding with him. If he had the estate probated then you should be able to get a copy of the will from probate court.
Assuming the house was a matrimonial home then your stepfather has possessory rights to it until the time of his passing. You may also find that he inherited the house as heir-at-law or as named beneficiary.
Your first step is to get a copy of the will. That should answer all your questions.
2007-05-22 05:15:57 · answer #1 · answered by Jack 6 · 0⤊ 0⤋
No formal "reading of the will" is required in most states, the executor and anyone named in the will would be notified by the attorney who is handling her affairs.
You seem to know some of the contents of your mother's will, where did you obtain this information? You need information on whether the step-father was deeded the house, or was given a life estate.
It is quite possible that you were not named in the will and you have no "rights" in the estate, unless you step-father names you in his will. Have you tried talking to him about this?
The first poster is correct, this is a probate issue.
2007-05-22 07:23:51 · answer #2 · answered by godged 7 · 0⤊ 0⤋
You need to get a copy of the will to determine terms and heirship. It appears, from what you indicate, that your mother willed to your stepfather the right to live in her home until his death. That being the case, that part of the estate cannot be settled until he passes away. The home will remain in the ownership of either the estate or the heirs to the estate, and he will be allowed to live there.
As far as contents of the house, you also need to check the terms of your mother's will. Are you certain that you were mentioned in the will at all ? Generally speaking, those who are involved in a will are contacted by the attorney handling the estate. Perhaps your mother left her earthly possessions to your stepfather ?
2007-05-22 05:09:25 · answer #3 · answered by acermill 7 · 0⤊ 0⤋
Unless you are names in the will there is no reason why you would have a copy. YOu apparently know what it says, I am not sure what you mean by :"formal reading". Your rights are pretty limited if your mother made her executor as he is also the nest of kin and anything not willed to someone else would be his as her husband.
2007-05-22 07:10:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You need to hire a good Probate Lawyer in the same town as the property in question. You don't have to be in the same location
2007-05-22 05:33:16 · answer #5 · answered by Natasa 2 · 0⤊ 0⤋
what's the undertaking?? Your mom married him and that i'm particular it became as a results of fact she enjoyed him and he loves her. while human beings get married they proportion existence and each and all of the failings that come alongside with it (even a house). I understand that your mom owned the homestead earlier he got here into the image yet i'm particular that she additionally had to proportion the cloth issues with him. as far as a results of fact the loan on the homestead, it relatively is as much as him to pay the month-to-month value, taxes and and so on. while you're an grownup then you relatively ought to appreciate him as your mom did and pass on with existence. good success and that i'm hoping you get some help for what seems to be jealousy, resentment (that he's not any longer your father) and animosity. the main nicely known component is you ought to locate closure and easily pass on! good success, God bless!
2016-11-05 00:04:49 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Probate issue, sounds like proper notices were not done properly. You need to have an attorney contact the attorney for the estate of your mom.
2007-05-22 05:07:28 · answer #7 · answered by newmexicorealestateforms 6 · 0⤊ 1⤋