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    happy1960's Avatar
    happy1960 Posts: 2, Reputation: 1
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    #1

    Nov 12, 2012, 02:21 PM
    Stepchild rights to property
    My mother married to stepfather he owned property before they were married while they were married my stepfathers brother gave them a house and was moved on to his property they both renovated the house which brought up the value of the house then later they purchased an additional 5 acres of land adjacent to my stepfathers land the additional part is under both of there names. My mother is now deceased what could happen to the property that my mom owned before her death and after my stepfather passes he has children and she has children she had no will not sure if the stepfather has a will. What are the children's rights if any.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 12, 2012, 02:23 PM
    Did mom leave a will? If not, then her estate should be distributed according to the laws of inheritance in your area. If your stepfather inherited everything from your mother, then you have no entitlement to anything.
    happy1960's Avatar
    happy1960 Posts: 2, Reputation: 1
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    #3

    Nov 12, 2012, 02:41 PM
    Quote Originally Posted by ScottGem View Post
    Did mom leave a will? If not, then her estate should be distributed according to the laws of inheritance in your area. If your stepfather inherited everything from your mother, then you have no entitlement to anything.
    There was no will from mom so if the stepfather wanted to give it to his children then he has every right. Also no succession was done after my mom passed away to get the property out of her name. Please advise!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Nov 12, 2012, 02:51 PM
    If mom died intestate, then you have to file for probate according to local laws to get any part of her estate you might be entitled to.

    Anything that belongs to the step father is out of your hands unless you are mentioned in his will.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Nov 12, 2012, 04:02 PM
    We would have to know what state or country you are in, because the intestacy laws vary somewhat from state to state. But in general, if they owned the property in common, and not as tenants by the entirety, you would probably be entitled to inherit some portion of her share of the five acres.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Nov 12, 2012, 05:17 PM
    Laws vary greatly from nation to nation, and a lot just within the US from state to state, we have to know where this is.

    Normally step children have no claim , but your claim will be at your mothers death, to her probate of the things she owned at the time of her death.

    Often this will depend on how property is listed on will and other factors
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