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if your mom dies can your step dad legally keep everything of hers from you

He won't let you have nothing not even a pair of her socks and bans you from the house where she was living.

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wheresthewayout

Asked by wheresthewayout at 12:11 AM on Dec. 9, 2010 in Relationships

Level 29 (39,885 Credits)
Answers (12)
  • I dont think so but you should talk to an attorney
    ready4baby2011

    Answer by ready4baby2011 at 12:12 AM on Dec. 9, 2010

  • omg that is awful and no i dont think he can do that legally in less he has in writing that that is how she wanted it
    Paigesmommy78

    Answer by Paigesmommy78 at 12:14 AM on Dec. 9, 2010

  • Talk to an attorney, but I think as her spouse, unless she said something different in her will, he may legally be right. Good luck!
    musicpisces

    Answer by musicpisces at 12:14 AM on Dec. 9, 2010

  • consult with an attorney. I have heard of family disputes such as these but an attorney can clear it up for you
    beyondhopes

    Answer by beyondhopes at 12:14 AM on Dec. 9, 2010

  • she knew she was dying and had special boxes set aside but he gave them away
    wheresthewayout

    Comment by wheresthewayout (original poster) at 12:15 AM on Dec. 9, 2010

  • oh my gosh how he did that, he should give u everything that bonge to your mom
    arem79

    Answer by arem79 at 12:16 AM on Dec. 9, 2010

  • It depends on if she had a binding will. If so, then by law, he has to honor the will. If she died intestate (without a will) I think maybe he can take whatever he wants after the state gets its unfair share. It's really up to your father to act with honor and integrity. Although, I have to say if this is all about money, that makes me sad. Both my parents died within a month of each other almost four years ago, and I would give every penny back just to have them back.
    Treefrog64

    Answer by Treefrog64 at 12:19 AM on Dec. 9, 2010

  • i mean everything belonge to your mom, is yours, and he cant have them or gave them away
    arem79

    Answer by arem79 at 12:20 AM on Dec. 9, 2010

  • Check you state probate laws. In most states, no! He is entitle to 1/2 the estate plus a certain dollar figure. The children are entitled to the other half. But with that said, it also depends on how the house is titled. Contact an attorney in your area or the area where you mom lived and ask for details. Make sure you find an attorney that handles probate. They specialize in this!

    I lost my mom 11/22/10 and I have had to become educated in probate very quickly. We didn't even know mom was sick. I had very little time to come to terms with the fact she was even sick. She went to the doctor on Wed and on Sat. I was told she was no longer able to make decisions. She didn't have a will or anything else. Everything has to go through probate.

    Protect yourself and find a probate attorney. Hugs and sorry for your loss.
    clctalking

    Answer by clctalking at 12:22 AM on Dec. 9, 2010

  • Did she have a will, if so that has to be followed. If not then as far as I know, yeah he gets everything. You need to speak with an attorney.
    kmath

    Answer by kmath at 12:25 AM on Dec. 9, 2010

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