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    jmebeckman's Avatar
    jmebeckman Posts: 1, Reputation: 1
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    #1

    Sep 27, 2011, 05:13 PM
    Mother died, stepfather in house, can kids have belongings?
    My mother died a month ago. She had cancer and signed over the house and the vehicle to her husband, my stepfather, before she passed. We have not gone through the will or anything yet because the lawyer will not call us back. My brother and I still have personal belongings in the house from when we lived there when we were younger. Because the house is now owned by him, does that mean that we have lost our items? Do we have any rights to getting our personal property out? Please advise as this is VERY important!
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #2

    Sep 27, 2011, 06:12 PM
    Mostly things should go according to the will. Are you not on good terms with your stepfather? Just ask for the items after things calm down a bit. Right now everything is in flux.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Sep 27, 2011, 06:21 PM
    If you can prove they are your personal things you should be able to retrieve them.

    However anything owned by your mother is part of the estate.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Sep 28, 2011, 06:45 AM
    Quote Originally Posted by jmebeckman View Post
    ... We have not gone through the will or anything yet because the lawyer will not call us back. ...
    What lawyer? The one who prepared a will? Just because a lawyer prepared a will, doesn't mean he has an obligation to let you see it. If he or she represents an executor in an estate that would be another matter, but we don't know that.

    Check with the probate court to see if a will has been submitted to probate.

    And as far as your property in the house is concerned, a will would be immaterial. They are yours (if you can prove it) no matter what the will says.
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