QUESTION
Do we have any rights to the estate and do we have any rights to the property after our step mother passes away?
Asked on Mar 20th, 2014 on Estate Planning - California
More details to this question:
My father passed away unexpectedly without a will. Our step mother has no children and her parents are both deceased. There is a sizable insurance policy and a residence. My father’s insurance policy named his wife as the sole beneficiary with his children as secondary should his wife have died.
5 ANSWERS
Edwin K. Niles
You should see a probate lawyer ASAP. Too complex for this forum.
Answered on Mar 24th, 2014 at 3:56 AM
It appears your step-mother is still alive and you were not adopted by her. The insurance policy goes to whomever is named as the primary beneficiary. In a community property state such as California, the house is half owned by her if it was purchased after they married [becomes a little more complicated if they did not].
Answered on Mar 24th, 2014 at 3:56 AM
2 Awards
Not unless your step mother does a will leaving her property to you.
Answered on Mar 21st, 2014 at 3:48 PM
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If step mother dies without a will. Then her estate which apparently includes money from an insurance policy and a residence then the estate passes to her blood heirs.
Answered on Mar 21st, 2014 at 2:28 PM
Sounds like NO, BUT it would be worth your time and money to consult with a Probate attorney to go over all the paper work so you know for sure.
Answered on Mar 21st, 2014 at 12:42 PM