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I have a step mother - rights as an only child

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O

Only Daughter

Guest
What is the name of your state? Tennessee

Hi,

My name is Lori and my father just died. My mother and father were married for 39 years and lived in the same house all those years. After 39 years of marriage, they were divorced. It was the only home we ever knew. My brother just died about a month ago leaving me the only child. My father re-married about 14 years ago. He was in his early sixties. His wife had been married before and the husband had children of his own so when he died, my step mother got only a childs share of the home and she had to sell out her part to his children. After she married my dad, being as she had been through it before, she talked my dad into putting everything in her name or their name, house etc. She wanted to make certain the same thing didn't happen to her again. Does this leave me completely out? It angers me because that's been our home place all our lives and she comes in and takes everything. She has a big family of her own. She has only one daughter but she is deceased but she does have 2 granddaughters and a great grandson. Do I get nothing that belonged to my dad? Does she have the right to do with it as she sees fit? What about after she dies? Let me say that my dad trusted everyone and she was over 10 years younger than he was. He even thought he had a will but did not. He was just clueless.

My dad also was co-owner of a company he had with his brother. They sold it, the new owner defaulted on the note, they got the business back and my father sold his half to my uncle. The uncle is now in default. Am I out of the business also or do I have any rights?

Thanks!

Lori
 
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Pfaffing85690

Guest
As to the house, you're pretty much screwed.

As to the business, in your post you said that he signed over everything to his new wife. Was the business part of that or did he continue as the owner without signing any rights to her.

This will be the point you need to verify with an attorney who can review all documents. Even if your father did not sign away his portion of the company, the wife may still have a claim to 1/2 of the assets of the estate which will include the company.

Again, see an attorney now.
 
O

Only Daughter

Guest
Thank you for the reply. I thought the house was pretty much hers now. When you assets, do you mean everything else accept the house such as vehicles, tools, personal assets. No, he didn't sign the company over to her.

Lori
 
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Pfaffing85690

Guest
ANYTHING he owned, including anything that was not signed over to the wife ( shorts, toupe, business, watch, etc.) are part of his estate and if there is no will, must be probated intestate.

As his only heirs (you and wife) unless there are others, you will end up splitting everything including the company (the note on which the company was sold).

That's why you need a probate attorney now to look into his assets before wifey poo can dispose of everything.
 
O

Only Daughter

Guest
Dartania,

Thank you so much! At least this gives me a starting point. I'll contact an attorney tomorrow. This is all new to me and I really appreciate your help. I may have more questions later on however, I wont let any grass grow under my feet.

With appreciation!

Lori
 

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