stepfather won't give us anything

[shelleyn]

What is the name of your state? texas

Here is the situation. My mother-in-law died almost 3 years ago. We never probabted the will. She was married only 1 year 10 months. We were on friendly terms. Now we start asking for some her things and he says if we want anything we have to pay to have the will probabted. She had a will that lists my husband as the executor but it was drawn before she remarried. What claim does he have? Also, she had a car (which he is using), furniture (which he is also using) and about 15,000 in jewelry that in the will states to be left to our daughter (who is only 7). He says his daughter is keeping it for "safe keeping". I guess the main question is if the will was drawn before the marriage listing my husband the executor does that change because she remarried? We are community property state and I am under the impression that only things accumulated during the marriage is half his. Anything she brought into the marriage he doesn't have a claim to.

 

[moburkes]

He's right. Open probate.

2. If Surviving Children or Their Descendants
Community property is distributed as follows if the married intestate has at least one surviving child or other descendant.

a. No Non-Spousal Descendants
If all of the deceased spouse’s surviving descendants are also descendants of the surviving spouse, then the surviving spouse will own all of the community property, that is, the surviving spouse retains his or her one-half of the community and inherits the other half. Note that for spouses dying before September 1, 1993, the deceased spouse’s one-half of the community property was not inherited by the surviving spouse. Instead, the deceased spouse’s share passed to the deceased spouse’s descendants.

b. Non-Spousal Descendants
If any of the deceased spouse’s surviving descendants are not also descendants of the surviving spouse, then the community property is divided. The surviving spouse retains one-half of the community property, that is, the one-half the surviving spouse already owned by virtue of it being community property. The descendants of the deceased spouse inherit the deceased spouse’s one-half of the community property. All of the deceased spouse’s descendants are treated as a group regardless of whether the other parent is or is not the surviving spouse.

C. Distribution of Separate Property of Married Intestate
Unlike most states, Texas in Probate Code § 38(b) has retained a vestige of the common law distinction between the descent of real property and the distribution of personal property.

1. Surviving Descendants
a. Personal Property
The surviving spouse receives one-third of the deceased spouse’s separate personal property with the remaining two-thirds passing to the children or their descendants. These interests are outright.

b. Real Property
The surviving spouse receives a life estate in one-third of the deceased spouse’s separate real property. The rest of the property, that is, the outright interest in two-thirds of the separate real property and the remainder interest following the surviving spouse’s life estate passes to the deceased spouse’s children or their descendants.

2. No Surviving Descendants
a. Personal Property
If there are no surviving descendants, all separate personal property passes to the surviving spouse.

b. Real Property
(1) Surviving Parents, Siblings, or Descendants of Siblings
If there are no surviving descendants but there are surviving parents, siblings, or descendants of siblings, the surviving spouse inherits one-half of the separate real property outright with the remaining one-half passing to the parents, siblings, and descendants of siblings as if the intestate died without a surviving spouse (that is, this one-half passes using the same scheme as for individual property).

(2) No Surviving Parents, Siblings, or Descendants of Siblings
If the intestate has no surviving descendants, parents, siblings, or descendants of siblings, the surviving spouse inherits all of the separate real property.

 

[shelleyn]

Okay, but they did not accumulate anything while married. She brought her furniture, it is her car and it was her jewelry bought for her by her first husband. The jewelry for us is the main thing. It is supposed to go to our daughter which is stated in the will. We are her gaurdians my husband was appointed executor. I don't think he has any business keeping it. We had actually told him at one point to give us the jewelry and he can keep everything else but he won't budge. What are our chances that if we go to court we can get everything of hers because she owned it prior to the marriage?

 

[Dandy Don]

You are acting illegally by withholding this will from probate. Consult with a local probate attorney before you file it to get legal advice about how you can get what you want. Does the will specifically leave anything to the husband? He is entitled to a certain portion of the estate, no matter what it is worth. Are you all going to sell the jewelry or not sell it? The jewelry will most likely be yours, but the main point is to open up probate to get the other assets in the estate distributed to the correct parties, however much they are worth.

DANDY DON IN OKLAHOMA ([email protected])

 

[shelleyn]

We are going to probabte it. Nothing was specifically left to the husband because when the will was drawn they were not married. It does specifically state that the jewelry goes to our daughter. It's worth around 15,000. I'm just afraid that he and his daughter might have sold it and are afraid to say so which they should be. We are looking for a lawyer and will hopefully decide on one next week. It's just so frustrating!! Reading through all the probate stuff it looks so time consuming and complicated! All the paper work they need and so forth!

 

[aanubis]

We are going to probabte it. Nothing was specifically left to the husband because when the will was drawn they were not married. It does specifically state that the jewelry goes to our daughter. It's worth around 15,000. I'm just afraid that he and his daughter might have sold it and are afraid to say so which they should be. We are looking for a lawyer and will hopefully decide on one next week. It's just so frustrating!! Reading through all the probate stuff it looks so time consuming and complicated! All the paper work they need and so forth!

3 years since her death and you haven't started probate? Now you are afraid after all this time they might have sold the jewelry? Why wait 3 years?

Your second to last sentence about "time consuming and complications" .....you could have been DONE by now instead of all the accusations, worrying about a used car, funeral expenses, etc. This reads like possibly there was no will and you are trying to pull 1 over on the husband. Get over the fact that SHE married him. That doesn't make him a bad guy. You, thus far, have not provided proof of all of your statements. No wonder the poor guy hasn't turned over anything !