Our stepfather is very upset that nothing was left to him (insurance wise) so he is consider if her kids can't take her half of their property. Can we? He is being very ugly with us and keeping her personal property from us. I don't want it to get ugly but if I have to I will.
2007-11-11 09:20:47 · 8 answers · asked by ELIZABETH C 1 in Politics & Government ➔ Law & Ethics
It depends on the state where you live. In some states, "her property" is one-half his. In other states, it all belongs to him.
To straighten things out, file a probate court action.
2007-11-11 09:25:34 · answer #1 · answered by raichasays 7 · 0⤊ 0⤋
First, I am sorry for your loss; my mother died last April. I’m still dealing with the legal crap. Even though I was Trustee of her estate and had every conceivable power-of-attorney, much of my power evaporated upon her death. Since she was married – even though living separately – the Funeral Home refused to go ahead with the cremation (that we had arranged ahead of time) until I dug up an old power of attorney that my mother held from her husband that was no longer even valid because she had resigned from it when she appointed me Trustee.
In any case, it depends largely on the state law that is applicable. In many cases, the spouse is assumed to be the beneficiary and is entitled to all property left by the deceased, sometimes without the necessity of probate.
The system is designed to screw you – and it is very good at it. You need to talk to a probate/elderly/trust/estate or similarly experienced attorney. There really is just no other way to even know what your rights might be. Again, sorry,
2007-11-11 09:53:28 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Your mother's estate will now go to Probate. The State does not take her money. The Probate Court will appoint a "Trustee" for her estate. Usually an attorney, the trustee will assume the duties of executor of the estate. They will make sure that all bills and taxes are paid and the Probate Judge will determine where the balance of the property goes. The trustee will be paid a fee from the estate.
Make sure the court appoints an unbiased trustee. In some cases the court will appoint your mother's attorney
2007-11-11 09:46:58 · answer #3 · answered by nathan f 6 · 0⤊ 0⤋
You really need an attorney. Normally, all possessions would be equally split between the living immediate family. Your step-father MAY be able to keep everything without a will.
2007-11-11 09:26:55 · answer #4 · answered by sensible_man 7 · 0⤊ 0⤋
Her property is the states property now and will divided by your state law - go get a real lawyer now.
2007-11-11 09:24:58 · answer #5 · answered by Philip T 4 · 0⤊ 0⤋
Welcome to probate, the court administered distribution of mom's assets.
Are you sure there's no will?
Are there insurance beneficiaries?
If married, dad inherits her interest in house and other property.
Her personal possessions are his too.
If there's lots of $$$ involved here, get a lawyer.
If not, just work something out with him, then get on with life.
2007-11-11 09:26:07 · answer #6 · answered by gw_bushisamoron 4 · 0⤊ 0⤋
Your in a very bad spot It is all his seeking legal help is the only way but the fallout could also be bad.
See if you can all get together and work it all out.
2007-11-11 09:26:33 · answer #7 · answered by johnboy 4 · 0⤊ 0⤋
No will, parts of your mom's belongings will go to her children and spouse. That is what the law dictates so you have the right to ask for what legally belongs to you.
2007-11-11 09:25:20 · answer #8 · answered by cynical 7 · 0⤊ 0⤋