Ex-wife takes control of estate without probate

[katiesu]

What is the name of your state? Alabama

My Sons biological father passed away recently. His x-wife has a survivors deed that entitles her to the land and house that he had for years before he married her. My son was not called upon the death of his father and the step-sons made all arrangements for the funeral. As his only living child my son would like to recieve all personal property that his father had at the time of his death. Excluding the land and house due to the survivors deed. How can he legally make the ex-wife and her sons return the personal belongings that they removed from the house and can criminal charges be pressed as they had no legal right to remove anything from the property before the estate was probated? There was no will , signed . He was in the process of making the will when he became sick and passed before it could be finished and signed. It does list several items that he owned and wanted passed on the family members. Can my son use this as part of an inventory to prove what was in the house and in his fathers possession. The step sons did not live with him as the boys mother and my sons father had been divorced for almost 3 years.

 

[Dandy Don]

Are you the current wife or widow of this deceased man?

Unfortunately, an unsigned will has no validity.

DANDY DON IN OKLAHOMA ([email protected])

 

[katiesu]

No i am not married nor was i ever married to the deceased. He and i lived together 26 years ago,, and i gave him his only son. He had one other daughter but she passed away in infancy. I am just asking these questions for my son.

 

[Dandy Don]

Only way your son stands to benefit is if the estate is worth more than $50,000. The first $50,000 of estate value goes to the spouse--anything over that is split, with half going to the spouse and half to the child.

Check at the county courthouse to see if anyone has filed to be administrator of the estate yet.

DANDY DON IN OKLAHOMA ([email protected])

 

[katiesu]

Dandy.... My son is the only heir to the estate. There was no spouse, no other children. We have hired a lawyer to help him with getting the estate into probate. As for the land and house, his ex-wife will get that completely. She had him sign a survivors deed before they were divorced. All My son wants is what was in the house , his vehicles and what money he had in his accounts to pay off his fathers bills with. What he was asking was this:

Can he charge the ex-wife with anything, if she removes anything that was not hers in the deed, or sells such items. (ie, farm equipment, coin collections, computer, and other personal items, that were his fathers)

 

[Dandy Don]

These are questions you need to be asking his attorney.

Without an inventory or proof, it's going to be hard to prove what personal property he is entitled to since it's going to be his word against hers, but if the accounts had his name on them and if the vehicle title had his name on them, then he has a better chance of getting those.

DANDY DON IN OKLAHOMA ([email protected])

 

[seniorjudge]

Q: Can he charge the ex-wife with anything, if she removes anything that was not hers in the deed, or sells such items. (ie, farm equipment, coin collections, computer, and other personal items, that were his fathers)

A: Yes, that is stealing if it did not belong to her.

 

[katiesu]

Thank you to Dandy and Senior Judge.... My Son will have the letters of Administration in hand tomorrow. The Lawyer we hired took the papers to the Probate Judge himself and was told once the Bond is signed, which will be done first thing in the morning, papers will be handed to him. Then we will be speaking with the District Attorney about filing charges. We know the Ex-wife will not let my son on the property to do an inventory, but we have eye-witness accounts of what was in the house the day his father was taken to hospital. Will need to get the Sheriff to go out with him to the house if an inventory is to be done. If and that is a big if, we can get them to go with him.