Ask Experts Questions for FREE Help !
Ask
    CelticPlatero's Avatar
    CelticPlatero Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 12, 2011, 07:36 AM
    My father was not married to my stepmother, who gets the family heirlooms?
    My father passed away two years ago and did not leave a will. My stepmother can be petty and vindictive, and I am concerned about what could happen to family heirlooms (the china hutch that belonged to my great-grandmother, the rug that my grandmother hooked, etc.). As far as I know there was no will, and they were not married but had been living together for the last 20 years (they didn't need a paper to prove that they loved each other). If she dies, or decides to sell these things on eBay (she's already done it with my grandmother's anniversary ring), is there anything I can do to stop this?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #2

    Aug 12, 2011, 09:29 AM
    Quote Originally Posted by CelticPlatero View Post
    My father passed away two years ago and did not leave a will. My stepmother can be petty and vindictive, and I am concerned about what could happen to family heirlooms (the china hutch that belonged to my great-grandmother, the rug that my grandmother hooked, etc.). As far as I know there was no will, and they were not married but had been living together for the last 20 years (they didn't need a paper to prove that they loved each other). If she dies, or decides to sell these things on ebay (she's already done it with my grandmother's anniversary ring), is there anything I can do to stop this?
    Strictly speaking, if they weren't married she isn't your stepmother.

    Anyway, despite the fact that there was no will, someone (probably you and your siblings) is entitled to your father's possessions. This would be as described by the intestacy statute in your jurisdiction. If no one has bothered to go to probate court and asked to be appointed personal representative, did you imagine this woman would deliver the heirlooms to you on her own?

    So, to answer your question, yes there is something you can do. Hire an attorney and file a petition in probate court. Do it now, before your father's companion gets rid of everything.

    Quote Originally Posted by CelticPlatero View Post
    ... (they didn't need a paper to prove that they loved each other). ...
    Actually, they did. If you do as I suggest, she will discover that without a will or marriage certificate, she is not entitled to anything. That's not how your father should have shown his love for her.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Aug 12, 2011, 10:15 AM

    When the dad died was when you and his heirs were to get all of his things, if there was no will, actually the "step mother" would get almost nothing, everything of dads would go to you all.

    If you let her have it and keep it, and she dies, her heirs, not you get it.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Father passed away, step mother holds all family heirlooms and childhood items [ 8 Answers ]

My step mother was not part of childhood, they married when we were adults. How do we get the personal items and family items that should go to my father's descendants (namely his children) back from her, if possible? She is in the state of Arkansas and is refusing to cooperate. Even on items such...

How do I deal with My StepMother and Father [ 4 Answers ]

I really need some advice here... I can not sleep for I am so worried about things... My Father has been remarried for 7 years now... He married her after knowing her six months... When he met his wife... She had 2 daughters... 12 and 14 years old... three years ago.. my Dad adopted them... fine.....

Distribution of family Heirlooms [ 3 Answers ]

My parents did not determine who gets what from the family heirlooms and personal effects. There are six kids. Where can we get information on managing this tense situation so we all end up getting along ?


View more questions Search