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-   -   No will (https://www.askmehelpdesk.com/showthread.php?t=351848)

  • May 9, 2009, 08:59 PM
    fanny1921
    No will
    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:
  • May 9, 2009, 10:07 PM
    AK lawyer
    Quote:

    Originally Posted by fanny1921 View Post
    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.
  • May 10, 2009, 04:33 AM
    JudyKayTee
    Quote:

    Originally Posted by AK lawyer View Post
    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.
  • May 10, 2009, 05:05 AM
    Fr_Chuck

    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
  • May 10, 2009, 01:42 PM
    fanny1921

    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.
  • May 10, 2009, 06:29 PM
    Fr_Chuck

    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.
  • May 11, 2009, 06:57 AM
    JudyKayTee
    Quote:

    Originally Posted by fanny1921 View Post
    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.

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