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robbyobby · May 30, 2008, 10:57 AM

My husband recently died and my step son says every thing but three acres is his there was no will and just right before he died my husband and I gave him three acres for his inhertance now he wants it all what can I do

ebaines · May 30, 2008, 11:13 AM

Originally Posted by robbyobby

my husband recently died and my step son says every thing but three acres is his there was no will and just right before he died my husband and i gave him three acres for his inhertance now he wants it all what can i do

Hello robbyobby. You should not piggy-back your question onto someone else's but rather you should start a new thread for this. However, to answer your question - since he died without a will the split of his assets will depend on the intestate laws for your state. In most cases a surviving spouse will get between 1/3 and 1/2 of the assets, and the remainder goes to the children, or their issue if one or more children are pre-deceased. Sounds like your step-son is already maneuvering here - I suggest you consult a local attorney to find out just what the rules are for your state and make sure your step-son doesn't abscond with what is rightfully yours. Also, depending on the value of the estate and the value of the 3 acres that was given away there may be estate and/or gift tax implications - again, consult an attorney.

Fr_Chuck · May 30, 2008, 12:18 PM

Moved to its own question,

I am sorry you asked a question as a answer to someone else's question, they were so similar I did not notice it at first.

First how is the property deeded, if you and your husband are joint owners with right of survivalship, then it all goes to you, no need for a will or anything. So you hire an attorney and tell step son to take a hike.

smearcase · May 30, 2008, 06:34 PM

The three states I have lived in treat it like Fr_Chuck stated. So you could ignore the step son. I just wonder if there are other factors that are involved. Other children? How many acres total? Are they farmed? Would the son inlaw be farming it? Is it a lot of maintenance for you? Is it a lot of taxes for you? Are you retired?
If the son in law is the eventual heir of everything, could some concessions be made to keep peace in the family?
Its tough to say without knowing the circumstances and the people, but it is probably 100%yours if it is joint tenancy with survivorship.