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As a stepchild do I have any rights after my Mother passed and then Stepdad,
My Mother married many years ago and then passed, stepdad came back and passed also, Now my question is this. We have lived on the land since we were children and mother gave us each some of the land, we build a home on the five ac. And now since stpedad passed and both had not a will and stepdads son is taking everything and throwing us off the land, how can this be, when I was raised there and my children and grandchildren, stepson has only been here in the last 35 yrs 3 times, there are Family members Buryed on this land and they are trying to sell it and have us dig up their ashes? We feel we have No rights But we have lived on the land for way over 35 yrs and Never had anyone say anything, Now things have been done without our knowing and land is up for sell, and we are being ask to move? Where we say, We have lived and made our home here and Have taking care of Mother and stepdad till they both pasted, Son of stepdad has never spoke to us never got his ashes or anything, Has put everything into courts without our knowing and land like I said is being sold and we are being ask to leave, DO I HAVE ANY RIGHTS IN THIS MATTER... We have hand written wills but nothing else< But Love and knowing we have done all we could to allow them to live a full life here on the land... My Mothers ashes are here and Both my Stepdads sons are here also... Please help do we have some rights here!
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I suggest you consult with an attorney, especially with respect to how the property passed from your mom to you stepdad upon her passing. The rules for how property is passed to heirs when you die intestate (without a will) vary from state to state, so you should tell us where this is occuring. In many states when a parent dies intestate the property is split between surviving spouse and the children, so it may be that you have some rights to at least a portion of her property. So again - in what state is this?
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 Originally Posted by ebaines
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Its going to probate since there was no will... so you are all going to have to state your case.
What your rights actually are can be very different than what you might think... had there been a Will they could have given it all to someone unrelated and you would have little grounds to contest it. |
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Originally Posted by smoothy
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The quotes at the bottom of the page are my signature on this site... they are on everything I post here, notice the line above them?. They aren't going anywhere. I like them, they are staying.
When did the probate occur? How long ago? As I said... you are talking about rights that simply do not exist... Parents or step parents should give everything and every dime they have to anyone they want... children or step children in general don't have the right to their parents possessions unless its left to them. Its not your land unless your names are on the deed. Even if you lived your lives on it. How much if anything is left after probate was a matter of how much they died owing... and how much they had in assets. You and your other siblings need to hire a lawyer or lawyers if the statute of limitations has not passed to contest it. We can't guess if it has because we don't know how long its been yet. |
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Washington is a community property state. If the land belonged to your mother before she married your stepdad then the rules for interact have 1/2 going to her spouse and 1/2 going to her children. It seems that didn't happen, so get a lawyer working on this right away. I don't understand what you mean when you say your mother gifted you 5 acres - if you don't have title she did not give it to you; at best she simply let you live there whole she was alive.
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You have referred several times to your mother giving you each 5 acres. But you do not say how this was done or whether the property was ever properly deeded to you. This to me is the key issue. You need to go to the county and find out the history of the property. Who owned it prior to your mother's death and who owns it now.
As ebaines said, you should have gotten something from your mother's estate even if she died intestate. So if probate was processed without your knowing, it was probably illegal. But we can't help with answers without facts. And you don't seem to have the facts. You don't seem to know how the property is deeded or what happened to your mom's estate when she passed. Or what happened to the stepdad's estate when he passed. These are facts you need to know and we need to know to provide answers. But the bottom line is you need to fight this and, based on your posts here, you are not very knowledgeable about real estate law or laws of inheritance. So you really should retain an attorney to help you 5 acres is a significant amount of property even in the boonies and should be worth the cost of an attorney to protect your homes and family legacy. |
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You mention a Will ? Who's Will was it? Were the instructions of the will ever followed?
Also you may have some evidence hanging around if the portions were split from a larger piece of land then the title should show how / when the split occured. |
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It is not been mentioned before, but it appears that adverse possession may come into play here too. Without looking up the RCW, I don't know if "color of title" (a writing, even a defective one) is required there for adverse possession, but it bears looking into.
OP definitely needs to consult with an attorney about this. |
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Originally Posted by AK lawyer
But an attorney is needed to sort it out. I hope the OP will return and clarify or let us know what's happening. |
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