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    Kim Downing's Avatar
    Kim Downing Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 13, 2017, 03:06 PM
    State of Alabama- my Mom remarried to my Dad (step) he is the only fahter we have. H
    My Step - Dad has been my Dad for over 48years, he married my Mom who had us three children. He has no biological children. He is 70 my Mom is 80. Their home has been only in My Mom's name she owned it before they married.. My question is a two fold question. Does he get all the assests once she dies if she has no will and who will be his heir since he has no natural children. Doug is my Dad just no legal documents. Both my parents health has declined and it falls to me to help take care of them both. My concern is if my Mom passes first, can his siblings inherit the estate, instead of us kids. We are already talking about living wills and me getting a power of attorney to help pay their bills and deal with health concerns They had written a will made out several years ago. This "will" was a handwritten document taken to the bank and notarized with their wishes. Not sure if it is legal . I believe it was filed. Its been a difficulty year with both their declining health, I want to do what is best for them both, just concerned about legal technical issues that might arise. Much of this is falling on me due to my brothers won poor health and my sister more off and on with help. What should I do to make sure their best interest and that of our family is protected. Thank you
    Wondergirl's Avatar
    Wondergirl Posts: 37,829, Reputation: 5427
    Jobs & Parenting Expert
     
    #2

    Dec 13, 2017, 03:33 PM
    Did your step-dad legally adopt you and your siblings?

    Have you seen/read that will?
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #3

    Dec 13, 2017, 04:20 PM
    First go to the bank where the will was filed and get a POA form to take home for you and your mother to fill out. It's a checklist of different kinds of POA.
    If the bank will give you a copy of the will without your mother, get one while you are there. Handwritten is OK.
    Alabama is not a community property state, so a spouse doesn't automatically get half (and that wouldn't apply in all cases anyway).

    Come back once you have a copy of the will. ''They'' didn't write a will, or shouldn't have. Couples don't write wills as a couple.
    Also get a copy of the house deed and tell us the wording of the owner or owners.

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