QUESTION
What are my mother and his brother's right on the property left to their step mom with daughter?
Asked on Dec 30th, 2013 on Estate Planning - California
More details to this question:
My mother had a step mother that passed away a few months ago. She was married to my grandfather which this was his second marriage. My mother lived in their house with her brother all of their younger years until she got married and left. Before my grandfather owned the house, the step mom's uncle owned the house for a number of years, so this house has been in her family for probably 100 years or so. Grandfather signed over the house to his wife for $1 in 1996 when he was sick and dying. He died in November 1998. The step mom has a daughter named. After she died our lawyer called up her lawyer to see if there was a last will. Her lawyer said she did have a will but it is on a floppy disk on an old computer which she cannot print out. She did not mention to whether or not the will was signed and scanned into the computer or the will does not have a signature, but since that lawyer is the lawyer who created the will for her in the first place, she should be able to validate its authenticity. Anyway, her lawyer told our lawyer that my mother's brother is in the will but my mom is not and the brother would be receiving a letter in the mail (which he never received). the step mom's daughter states that there is no will to bring to probate and the lawyer who has the will on the floppy disk refuses to show it. the step sister has now been named executor and has the control of going in and out of the house as she pleases. So, if she finds a will in the house, I am sure she will destroy it. Since my mother and her brother are step children, do they have any rights in all of this or if there is no will, step sister will get everything because she is the daughter? This is a very difficult situation and need some help or advice.
8 ANSWERS
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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You state that "our attorney" contacted other counsel. You need to ensure that your attorney practices in this area and if not, hire an attorney that does so.
Your mom has no inheritance rights under intestate succession. You provided no information as to whether your grandfather's estate was probated.
Answered on Mar 19th, 2017 at 5:52 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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Your mother and her brother as step children will only have an interest if named in the will unless they were legally adopted or they evidence which demonstrates that they would be entitled. It sounds like you need to find out what the what I on the floppy disk and what was discussed with the lawyer.
Answered on Jan 07th, 2014 at 5:56 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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This is a difficult situation. First advice is to get a lawyer of your own. The answers to your questions are complex. In order to probate a will, you have to have the original will, unless you can explain what happened to it. So, first, someone needs to evaluate on your behalf what the result is if there's no will, and what the result is under this will that's on disk. If you'd rather have the will, let them probate the copy; if not, then object to the probate of that will. Basically, you have to decide whether you will inherit enough to make this worth the fight; if yes, hire a lawyer.
Answered on Jan 03rd, 2014 at 11:37 AM
If your grandfather signed all his rights to the property to his second wife, you and your relatives probably don't have any claim to it now. However, if he only gave her a life estate or something less than his full interest, you may have some claim. A computer forensic expert should be able to retrieve the will from the floppy disk. If the attorney who has the floppy won't provide it, petition the probate court to require the attorney to turn it over to the court for this purpose.
Answered on Jan 03rd, 2014 at 10:35 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You have a situation that is far too complex for a basic Q & A forum such as this. You either do not have enough information or the information is contradictory. Situations like this scream out for estate planning, and properly executed estate plans can take care of all of these issues. Unfortunately, statistics indicate that about 70% of the population fails to do any estate planning. MANY more people try to do things "on the cheap" and they simply add people to the title of things, without understanding the consequences. You need to consult with a lawyer to help you investigate further and help you determine where you stand. In the absence of a Will or Trust (or beneficiary designations or joint title), providing otherwise, you are correct that step-children are not heirs, under Michigan law.
Answered on Jan 03rd, 2014 at 10:21 AM
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You already have an attorney. This forum is to assist you in determining if you need a lawyer, not rescue tour case. If you want a second opinion hire an attorney to review the documents and advise you. Best of luck to you.
Answered on Jan 02nd, 2014 at 4:22 PM
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It is hard to say. Most attorneys give free consultations. Look at the family tree with an attorney and figure out what can be done.
Answered on Jan 02nd, 2014 at 4:02 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You should consult "our lawyer" since you are being represented, to sort this matter out, and to file the necessary legal documentation he deems advisable.
Answered on Jan 02nd, 2014 at 4:00 PM