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    jennapbt's Avatar
    jennapbt Posts: 131, Reputation: 19
    Junior Member
     
    #1

    Mar 29, 2008, 01:02 AM
    Step-daughter benefits?
    I'm not sure if I'm asking this in the right thread or not but hopefully I can get some answers that would be much appreciated.

    The story: I've been living with my step-dad since I was 4 years old. My mom my brother and him is all I've known my whole life. My mom and him never got married. My mom passed away in 2004. I've lived in the same house with my step dad the whole time, never left the house to go out on my own. He always made a point to say "this is my house but this is your home". He didn't want me to leave. Well, my step-dad unfortunately passed away a few weeks ago. So I'm left here in this big house wondering what's going to happen next.

    He has a daughter and an ex-wife. The ex claims that they are still married which I was unaware of until the day that he passed away and so I was curious and went through some papers of his and everything I found it said he was single (unmarried). So I'm not sure. She is allegedly the beneficiary. My step-dad intended to live forever therefore he didn't have a will or anything like that unfortunately.

    I pretty much need to figure out a place to live and what to do with all of the stuff in the house which belongs to my mother, my step-dad and I.

    The question: So I'm wondering what rights do I have to the items in this house. I really don't care what financial benefits he might have left behind, that can all go to her, all I care about is what is in the house. The things that have surrounded me my entire life. All the things that I know the story behind and she has no clue. His daughter and I got into a semi-argument about the stuff in the house when I started to sort through his and my moms stuff. She didn't want me to touch anything because she wanted it to "look the same". So I'm kind of pissed off because I feel like I should have the rights to the stuff in here since this is my home and has been for the 8 years we have lived in this particular house and the 24 years I've seen the same stuff. I feel like she's out of line in telling me what I can and cannot do with the things that are in MY HOUSE. Yet at the same time I really don't know who it really is entitled to law wise. The house isn't paid off and it was in his name therefore who gets what? Also, is there some sort of common law since my mom and him lived together for over 20 years? Or would it be void since she passed away. I'm not sure what to do and would like some information about everything because I'm sure they won't keep me in the loop of who gets what. I'm not trying to take anything from her I told her that she could have things and I should have the things that I want. Basically I don't know what the laws are.
    Farmerjohn692000's Avatar
    Farmerjohn692000 Posts: 63, Reputation: 8
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    #2

    Mar 29, 2008, 04:24 AM
    My dear your best bet would be to get a lawyer and do it right. If you start taking things it might cause more problems before you know it. These things may be more complicated then you may think. So do it the right way with the law and it maybe work out in your favor. Good luck
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 29, 2008, 08:31 AM
    You have no rights to anything that is not YOURS.

    You need an attorney. But without a will, you will have to look at the deed, if the house is in his name only the entire estate has to go to probate court.

    And legally you are not even a step daughter since he never married your mother, he is just your mothers boyfriend and a care giver to you.
    This is not mormally right I know, but it is the law.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #4

    Mar 30, 2008, 05:01 AM
    Quote Originally Posted by jennapbt
    He has a daughter and an ex-wife. The ex claims that they are still married which I was unaware of until the day that he passed away and so I was curious and went through some papers of his and everything I found it said he was single (unmarried). So I'm not sure. She is allegedly the beneficiary. My step-dad intended to live forever therefore he didn't have a will or anything like that unfortunately.

    If she is still married legally,she is a widow and has all rights to the house.
    In other way his hair is his daughter.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #5

    Mar 30, 2008, 06:25 AM
    You can determine whether your step dad was divorced in the courthouse where either he or his wife was living when (if) the case was filed. It may take a little digging, but you can find an answer.
    You didn't mention you state, but check this link on common law marriage:
    Alternatives to Marriage Project | Common Law Marriage Fact Sheet - Alternatives to Marriage Project
    If your mother was married by common law, you will need to review the law of intestacy to see who inherited her things, you and her common law husband. If there is no common law marriage, and you are her only child, her things belong to you.
    Do this right away: make an inventory of everything in the house; just Google 'estate inventory worksheet' and you can find a form.
    jennapbt's Avatar
    jennapbt Posts: 131, Reputation: 19
    Junior Member
     
    #6

    Mar 30, 2008, 12:27 PM
    Yeah sorry I'm just so used to saying I'm his step-daughter sorry for the confusion. Thanks for the help I'll figure something out, I'll just have to find all the legalities behind everything. Hope they don't try to fight me on everything is all.

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