View Full Version : No will
fanny1921
May 9, 2009, 08:59 PM
My father is deceased. Stepmother recently died with no will. They had no children together. She did not change my father as her beneficiary on insurance and pension. She signed a quit claim deed for her house to her nephew. The deed shows my father and stepmother as owner and co-owner. Are my father's children entitled to inherent any of this?:confused:
AK lawyer
May 9, 2009, 10:07 PM
My father is deceased. Stepmother recently died with no will. They had no children together. She did not change my father as her beneficiary on insurance and pension. She signed a quit claim deed for her house to her nephew. The deed shows my father and stepmother as owner and co-owner. Are my father's children entitled to inherent any of this?:confused:
her life insurance: If your father is named as the beneficiary, you and your siblings would inherit the father's interest in the insurance proceeds.
pension: depends on the terms of the pension. It well may be that there is no survivorship provision, or none for step children such as yourselves.
house: If your father and step-mother were tenants in common, when he died she became a co-tenant with his estate, and you and your siblings would be entitled to share that half interest. If, on the other hand, it was a joint tenancy, she became sole owner at your father's death and she effectively transferred that interest to her nephew.
JudyKayTee
May 10, 2009, 04:33 AM
her life insurance: If your father is named as the beneficiary, you and your siblings would inherit the father's interest in the insurance proceeds..
Policy has to be checked - I've seen policies where the beneficiary becomes the estate if the beneficiary is deceased. Of course, the line of inheritance is then followed which may very well be the OP and siblings.
Fr_Chuck
May 10, 2009, 05:05 AM
Agree on the life insurance, if he is dead, then often there is a second named, and if they are dead, it goes to the estate.
Good chance there is nothing for HIS children, all depends on the exactly wording of deed, policy and the such
fanny1921
May 10, 2009, 01:42 PM
Thanks. Both lived in the state of Georgia. Pension is from New York State. Should his children initiate paperwork with the Georgia probate court? Stepmother's sibling is deceased also, leaving two children, step mom's nephew and niece.
Fr_Chuck
May 10, 2009, 06:29 PM
Yes they can, although I don't see that his children have any claim what so ever to the estate ** depending somewhat on how the deed was done
So normally it will be the heir of the step mom even if it is distant.
JudyKayTee
May 11, 2009, 06:57 AM
Thanks. Both lived in the state of Georgia. Pension is from New York State. Should his children initiate paperwork with the Georgia probate court? Stepmother's sibling is deceased also, leaving two children, step mom's nephew and niece.
I see her heirs - father/husband died first, correct - ? - filing for probate.