What rights do we have from my deceased mother's properties if we have a step father and siblings?

Question

My mother recently passed and was survived by my step father. She has property that she inherited from my grandparents. I do not even know where to begin. I have three siblings and two step siblings. My step dad has said that he is entitled to all her assets. My step brother has said that he is going to have the place cleaned up and will sell all the scrap metal. I don't want to see everything that we have ever known of our family to be taken from us. My step dad told me after the funeral that he will make sure it's equally divided between all six kids and himself. My mother never wanted my step siblings to get anything. I'm just so confused on out rights as her children to the next step. I'm sorry I just don't know what to do. He's talking about selling everything up there and getting the life insurance money. My mother suffered a long a tragic fight for the last four years and wasn't able to go to a lawyer. I believe that my step dad wanted it that way. So he could get what she refused to give him. Which was all her property and assets. She had bank accounts only in her name which my sister is listed  on the account, life insurance which she listed me as the beneficiary, two properties she inherited and stocks. She tried to divorce him several times. She just got to sick before she could do anything. Please let me know what my sisters & brother can do to make sure we don't lose it all.

Victor Waid · Answer

Obtain services of a probate litigation attorney to represent you in this multifaceted probate problem to protect your inheritance rights., immediately. DO NOT DELAY.

Norman Green · Answer

"She had bank accounts only in her name which my sister is listed on the account," Presumably these go to your sister. " life insurance which she listed me as the beneficiary," Presumably you get this "two properties she inherited" Anything she owned at the time of the marriage and anything she received by inheritance are presumably separate property. The proceeds of separate property also is separate. You and you siblings get two-thirds of the separate property if she had no will. If he doesn't file a petition for probate or a spousal property petition within 30-40 days of the death, then you should do so.

Nathan Wagner · Answer

If you are the beneficiary of her life insurance policy, you should receive the death benefit from that policy. Likewise, if the bank accounts have payable on death provisions to your sister, those accounts will pass to her. You need to find out whether your mother had a will and what it says. You should talk to a local probate lawyer about this situation. The laws affecting this situation are different in each state. In California, much depends on whether she acquired her assets during her marriage or before her marriage.

Georges Shers · Answer

The life insurance is paid to the named beneficiary. For the rest of the property, you probably must file for probate to get a court to establish which property is in her estate and which property passes to him as her husband.

Frances Headley · Answer

Before property is irretrievably lost you need to get consult a probate attorney to review the facts and advise you. While your step father may have rights to the property, his children do not in the absence of an explicit will by your mother.

Jeffrey Strickland · Answer

You and your siblings need to speak with counsel asap. You did not mention if there is a will or prenuptial agreement. If there is not a will, then her estate will pass in accord with the intestate succession statutes. Under these statutes, your mom's step-children are not entitled to any of her estate, unless she adopted them. Again, seek counsel asap.

Edwin K. Niles · Answer

You need to see a wills, trusts and estate lawyer right away.  You should know that assets in joint names or with a named beneficiary go to the joint tenant or beneficiary.  You should also know that separate property (such as inherited property) goes one third to the husband and two thirds to her children, if there is no will or trust.

James Frederick · Answer

I am very sorry for your situation. There may be things you are entitled to and there may be nothing you can do, depending on the situation. Your summary is a bit confused, and you may not know the true nature of the facts.  Generally speaking, any assets titled in your mother's name alone would need to go through probate. If she has a Will, the Will might direct such assets. I say MIGHT, because the spouse is able to "elect against the Will," under Michigan law. That means that it is not possible for your mother to exclude her husband with a Will.  Assets titled jointly with another person or assets with beneficiaries designated pass either to the surviving joint tenant or beneficiary. You statement that your mom had accounts titled in her own name with your sister on them makes no sense, unless you meant to say that your sister was designated as beneficiary. If that is the case, such assets would pass to your sister.  Assets titled jointly between your mother and your stepfather are now his. He can do whatever he wishes to do with them, whether they were originally inherited by your mother or not.  It sounds like he *might* be willing to work with you, to a certain extent, so I would try to communicate openly with him and to maintain as positive a relationship as possible.  If you are not sure of the situation, you can certainly contact an attorney. There may be little or nothing that can be done, however. Intent to divorce makes no difference, unless the parties lived apart, for a period of more than a year, as of the date of death.

John Brennan · Answer

You need an attorney now, and from what you have related have what appear to be valid claims.

James Weiner · Answer

Hire an attorney IMMEDIATELY. You and your siblings (not step siblings) have a right to 1/2 of her assets unless she had a will.

Jayne Sebby · Answer

If your mother died without a will, the intestacy laws of the state she resided in at the time of her death will determine who gets what.  If there are both a surviving spouse and surviving adult children (either by birth or by legal adoption), the estate is split between them.  If there are minor children their share is often put into a trust for safe-keeping  Surviving step-children usually don't get anything.  Any property that your mother inherited before she married belongs solely to her unless she lived in a community property state and the surviving spouse contributed to pay taxes, maintain the property, etc.  Any life life insurance, bank accounts, stock, etc. with a named beneficiary is paid directly to that person(s).  If you are adults, you can petition the probate court to name you the executor of her estate.  If you are still minors, approach your aunt or some other relative and ask them to petition the court on your behalf.

James Oberholtzer · Answer

You need to act immediately. It sounds like you will need to consult an attorney to pull your information together and present your claims effectively to your stepfather. If your mother did not leave a Will and she left children who are not the children of her spouse, half of the probate estate (which does not include joint tenancy property or insurance) goes to the spouse and half to the natural children (nothing to step children).

Dara J. Goldsmith · Answer

You need to sit down with an estate lawyer to address your specific issues and applicable state law.  The manner in which assets were titled needs to be reviewed as well as a determination of what assets need to go through probate.  Additional issues will involve use of community property to maintain assets, etc.  This is a complicated matter.  Best of luck to you.

Randall Romei · Answer

If there is a Will then the terms of the Will control the disposition of your mother's assets.  If there is no will then the statute on descent and distribution controls.  When there is a spouse and children then the assets are divided one half to the spouse and one half to the children.  Children is defined as children born to or adopted by the decedent.  If the children of the spouse by a prior marriage were not adopted by your mother then they are not considered your mother's children  If they were the children of your mother with her current husband then they are her children. The assets in the estate would be divided as described above.  Some of her assets may pass outside of the estate. These would be assets held in joint tenancy. Such property would be the property of the surviving joint tenant after her death and would pass outside of probate and her estate. Life insurance may be claimed by the designated beneficiary of the insurance policy. The death benefit is distributed directly to the beneficiary outside of the estate. If there is a Will then it must be filed within 30 days of the date of death. If your mother owned real estate then a probate must be opened to sell the asset.  Similarly a representative should be appointed to deal with her personal property. Any interested person can petition to open  a probate. The spouse is likely to be appointed as representative but the other heirs would be entitled to contest the appointment. In any event the estate could be forced into a supervised administration which would require the representative to petition the court for approval before taking any action.  As an heir you would be entitle to notice and an opportunity to object.

Kathleen Delacy · Answer

If no will you may be entitled to a portion of what is in her name only. Anything joint with her husband is his.  If you are beneficiary on life insurance that is yours.

James Maguire · Answer

This situation is way too complicated to answer in this forum.  Find an experienced probate attorney who can give you sound advice.

Christine James · Answer

You probably have a lot of rights but an attorney is going to have to do some research for you to know for sure and to what extent.  Don't waste any time - see an attorney.  Most give free consultations so you have nothing to lose.

Brian Haggerty · Answer

In the absence of a will, your mother's property is split between her children (not step-children) and her husband. The property is probably worth enough money that don't you think you should hire a lawyer to help you?

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What rights do we have from my deceased mother's properties if we have a step father and siblings?

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