[Andrealynd]

Home bought with both dad and step mom's working money and with dad's previous OWN home money b-4 their marriage. Now step mom has taken His IRA, stocks, etc and put his son's name as bene. She was beneficiary now owns and her child bene. I am concern everything including my great grandparents items will go to step family and the house my father paid for. Even with a will she could still leave it all to them but right now if she does nothing IS it all left to Hers side of the family when she passes? And daddy's hard work goes to a family he had nothing to do with?

[ebaines]

Hello Andrea. Unfortunately when people remarry and do not make the effort to write a will the result is that a significant portion of their assets may pass to the stepfamily rather than the person's biological children. A few things to be aware of here:

1. The IRA passes to the beneficiary whom your father named on the account. This is independent of any will (or lack thereof). So if your father named his second wife as the beneficiary, then that's who it goes to.

2. The house may indeed pass directly to the 2nd wife, but it depends on how it was titled. If it was owned as "joint owners with rights of survivorship" with her then indeed it passes on to his wife. This is the most common way that real estate property is titled, especially if his 2nd wife contributed to the purchase.

As for his other assets - in CT if one dies intestate with a living spouse and childre(ren) after payment of any bills and distributions of assets that pass outside of probate (such as the IRA, the house, and any other financial accounts that were joint accounts or were titled as "payable on death"), the remainder is split 1/2 to the wife and 1/2 to the child(ren) or their issue. These assets include things like financial accounts that were in your father's name only and personal property such as cars, clothes, jewelry, furniture, and his family heirlooms. I suggest that you approach the step-mom about how to deal with these items. For example, you might want to trade away some of your father's household furniture for your famly's heirlooms.

[joypulv]

Whose son is her beneficiary? You say his, when I think you mean hers from a previous marriage.
Named beneficiaries take precedence over the order of intestate distribution as I guess you have found out. If he named her, she is free to name whomever she wishes.
Intestate distributions in CT say that if there are ANY children who are not the surviving spouse's, then ALL children (his, hers, out of wedlock, any and all) divide half the estate equally.
There are further laws regarding what happens if any child dies before the decedent - their heirs can inherit.

Intestate situations can be overridden by a probate committee, a fiduciary, or by mutual agreement of all parties.
In other words, the state is willing to listen to your concerns, especially about heirlooms, but it helps to try to remain on good terms with his wife if at all possible.
The house, stocks, etc, are a done deal, however, having been named to her.

[joypulv]

Sorry I didn't see ebaines response while typing.
You asked what happens if she doesn't leave a will - since none of you are related to her, everything would go to her kin in order of distribution set by the state. Hopefully you can work with her on this while she is alive.