My father passed away two years ago and did not leave a will. My stepmother can be petty and vindictive, and I am concerned about what could happen to family heirlooms (the china hutch that belonged to my great-grandmother, the rug that my grandmother hooked, etc.). As far as I know there was no will, and they were not married but had been living together for the last 20 years (they didn't need a paper to prove that they loved each other). If she dies, or decides to sell these things on eBay (she's already done it with my grandmother's anniversary ring), is there anything I can do to stop this?

My father passed away two years ago and did not leave a will. My stepmother can be petty and vindictive, and I am concerned about what could happen to family heirlooms (the china hutch that belonged to my great-grandmother, the rug that my grandmother hooked, etc.). As far as I know there was no will, and they were not married but had been living together for the last 20 years (they didn't need a paper to prove that they loved each other). If she dies, or decides to sell these things on ebay (she's already done it with my grandmother's anniversary ring), is there anything I can do to stop this?

Strictly speaking, if they weren't married she isn't your stepmother.

Anyway, despite the fact that there was no will, someone (probably you and your siblings) is entitled to your father's possessions. This would be as described by the intestacy statute in your jurisdiction. If no one has bothered to go to probate court and asked to be appointed personal representative, did you imagine this woman would deliver the heirlooms to you on her own?

So, to answer your question, yes there is something you can do. Hire an attorney and file a petition in probate court. Do it now, before your father's companion gets rid of everything.


... (they didn't need a paper to prove that they loved each other). ...

Actually, they did. If you do as I suggest, she will discover that without a will or marriage certificate, she is not entitled to anything. That's not how your father should have shown his love for her.

When the dad died was when you and his heirs were to get all of his things, if there was no will, actually the "step mother" would get almost nothing, everything of dads would go to you all.

If you let her have it and keep it, and she dies, her heirs, not you get it.