Can my wife claim my mother property?

Your wife cannot claim any right in any of your families property, unless the partition of the same has been done. Your wife can only claim her maintenance under Section 125 CrPC or your personal law.

When did my dad leave his estate to my Stepmother?

My dad passed away five years ago. He did leave a will on how he wanted his estate to be dispersed, but only if his current wife was also deceased. She was not, so she got everything. My question is: When she passes, is she required to honor our dad’s will?

How is your father’s estate divided between his children?

Your father’s wishes were honored, I’m afraid to say. He wanted everything to go to his wife and, in the event that she predeceased him, wanted his estate divided between his four children. But she didn’t and she inherited the whole kit and caboodle.

Can a stepmother inherit my father’s life insurance policy?

If you or your mother were a beneficiary of your father’s life insurance policy, your stepmother would not be entitled to that regardless of what your father’s will stipulates.

What should I do with my father’s estate?

It was your father’s estate when he was alive, not yours, and now it belongs to your stepmother. Children sometimes confuse their parents’ assets with their own. It’s a common mistake. Your story is a cautionary tale. My advice for others: Write a clear will. My advice for you: Write your stepmother a nice card for the holidays.

Who is the executor of my mother’s estate?

Ask a lawyer – it’s free! Currently, as long as the property was your mother’s, her estate owns the property, not you. As executor, you are the one with the authority to make all of the decisions with regard to the property, but you do owe a fiduciary duty to the heirs (presumably, to you and to your sister)to maximize its value.

When does a surviving spouse inherit all assets?

Each one’s will had matching language. When the first spouse dies, the surviving spouse inherits all assets. Makes sense. (You may not like your stepmother, but she is your father’s wife — and she needs a roof over her head and a baseline income.)

What happens if I do not probate my husband’s estate?

If she does not probate George’s estate, Sally will not be able to sell the home or other real property. Why? It takes two signatures to sell the property. Both owners, George and Sally, need to sign the deed, but without a probate, Sally has no legal authority to sign on behalf of her deceased husband, George.

Do you need to file taxes on your mother’s estate?

Yes, all of the liens have been paid off and the house is debt free. Also, do I need to file this property on my taxes? Our Children live in the house and don’t pay rent so there is no income per say, they just keep up the property. Ask a lawyer – it’s free!