my mother died leaveing no will?

Question

her new husband as taken every thing my mother said that her house was to go to me when she died also some of the inheritance was to put my daughter through uni he says iv to wait till he dies

Answer 1

That ridiculous. If she died, and he was a "new" husband, he may have no rights to her property. Did she deed him the house? Without a Will, all the property she owned before she married him goes to her children, not to him--although its probably your responsibility to take care of your daughter's college education unless she had a special fund. You need to see a probate attorney NOW.

Answer 2

If your mother died intestate (no will) in England the WHOLE estate goes to her husband.

If she was not married it would have gone to her oldest child.

If she had no children, her oldest parent.

If she had no parents, her oldest sibling.

If she had no siblings then her aunties/uncle/cousins come into the reckoning.

The nearest relative gets ALL the estate of a person who dies without making a will.

Look at it this way. Your mother married him, therefore she loved him. Would you want to leave the man your mother loved penniless and homeless? Be kind to her memory. If she really wanted to she could have made a will. But she didn't. Just accept it.

Answer 3

The answer to your question is totally dependent on what state your mother resided in when she died. That state's laws will determine how the estate is divided.

Generally, the surviving husband does not get everything if the testator had surviving children.

To get an idea of what you may be entitled to, go to:

http://www.finance.cch.com/text/c50s10d190.asp

BTW, the fact that your mother "said" that the house was to go to you is meaningless.

Answer 4

What a pit you are in, I'm sorry to say. I was left out of my
mothers will and my sisters got her estate. So I can almost
identify with you. If there is no written will of any kind, there
isn't anything you can do that I know of. But you should contact
someone in Legal Aide to see if you could contest in some
way. WIthout a will, normally things go into probate. That means her death has been listed, and people she owed money to, have a certain period of time to show evidence to
the court what is owed them by her. It can take as long as a
full year before everyone comes forward to make their claim.
I don't know tho, when there is a second husband involved, if
you can make a legal claim to the estate. But you should see
if you have any legal options. If he were your real dad, then
things would be in both their names. So with your step father
taking claim, that is maybe where you might have an option
to unseat him. But only a lawyer can tell you. Laws differ from
state to state. And you have no choice but to find out if you
have a legal claim. I assumed I'd get the family home, as the
oldest.And my sisters stabbed me in the back, and mom
signed everything over to them. So what you need is a couple
of relatives that could acknowlege what your mom promised,
and have them testify to that. And maybe the laws in your
state would consider you. You clearly need good legal advice
and I hope you get it.
Good luck my dear!

Answer 5

Leaving a will has been common sense for years so if your mother has not left one then she obviously didn't mean to leave one.
Her husband is probably living in the house you want sold so you can cash in. If that is his only home then I think it is fair being as he is married to your mother to live there until he dies. Your mother was probably aware of this too.
You seem to have a lot of only self interest in what you can get out of this and your mother didn't mean for her husband to be homeless. She said you could have it and probably will when her husband dies that is probably what she intended.

Answer 6

Lots of people have been saying what they think the laws of intestate are in your jursidicition, but being you did not indicate what jurisidicition your mother resided in at the time of death it is all hot air. In some states if the a married person dies intestate the spouse gets everything, in other states the spouse splits it with the kids. you need to check on the probate in your state

Answer 7

My sister-in-law died without a will She had inherited her husband's estate and there was a large amount of cash and property that sat in limbo for years while the families fought for whatever they could get. It took 10 years to settle the case. If you have a lawyer, ask him what kind of a chance you have. Good luck and make sure this doesnt happen to your children.

Answer 8

THIS IS NOT LEGAL ADVICE. Do not rely on this information for any purpose.

The answer would depend on the jurisdiction. I would need to know if it was a community property state.

If it was a community property state, her husband would be entitled to his 1/2 of all community property. The remaining half would pass by intestate succession. Whether a particular asset is community property or separate property is complex. Generally, all property acquired during marriage is presumptively community property while all property acquired before marraige or by will, gift, or inheritance is separate property. Furthermore, whether a particular asset has changed (transmutted) from one type of asset to another depends on: (1) source of the item, (2) actions by the parties during marriage that may have changed the character of the item, and (3) statutory presumptions affecting the item. The analysis gets even more complex depending on whether they owned any property outside of the state because the character of such property can also depend on who acquired the property.

As to her separate property, it would depend on how many children she has. If she has one child, her husband would be entitled to 1/2 of the separate property and the other child would be entitled to the other 1/2 of her separate property. If she had 2 or more children, her husband would be entitled to 1/3 of the separate property and the children would be entitled to 2/3 of her separate property.

As you can see, it is a very complex area of the law. I would suggest that you consult an attorney familiar with this practice area to assist you.

Once again, this is not legal advice and should not be construed as such.

Answer 9

You dont state clearly as to whether the will has been approved in probate or not.You have the right to contest the will,but because the recipeant is in jail will make little or no difference to the outcome.Afraid your mother was negligent in not making a will and dying intestate.I would see a lawyer they will clear up the matter for you.

Answer 10

If you are in the US, then your state will dictate what happens to your Mother's estate (belongings) when she dies. I'm not an attorney, but I believe that you should have an attorney to represent you. You need to act timely to protect your rights. Good Luck.

Answer 11

No, probably not. In most states, he is only entitled to HALF of the estate or less. You will need to challenge this in Probate. Go see an attorney.