Wills and probate

[von schubert]

undefinedWhat is the name of your state? California is my State and the question concerns one who lives in New Mexico.
My question: My Mother, who is now deceased, left a spouse. He was not my biological father but said since he married my Mom, he was my father legally. He has since remarried. What I want to know is Is he still my Father legally or does my Mother's death end that legal case? And would I be entitled to his estate in any form once he passes away. And when my Mother died, and he remarried, wouldn't her death accorded her children some of the joint estate or does he have the right to grant his new wife all of my Mother's estate. He sold their house and most of her belongings.

 

[Dandy Don]

First thing you need to do is to check at the county courthouse and find out if he left a last will and testament or not. If it's there you can order a copy by mail.

 

[rmet4nzkx]

Were you adopted by him?

 

[Dandy Don]

You've left out the most important piece of information: did she leave a last will and testament? Is it being probated in probate court?

Please stop calling this man your father--he will never be that--he is your stepfather.

When did your mother die (what year)? What year was the home sold?

You are entitled to 3/4ths of your mother's estate and he is entitled to at least 1/4th of it, but he didn't tell you that, did he?

If he or his attorney has not opened up probate for your mother's estate, then you need to hire your own attorney and get probate opened up so stepdad will have to report this money to the estate so you can get your fair share of it.

You are not entitle d to anything from his estate when he dies unless he names you as a beneficiary in his will, which probably won't happen. Does he have other children besides you?

DANDY DON IN OKLAHOMA ([email protected])

 

[seniorjudge]

undefinedWhat is the name of your state? California is my State and the question concerns one who lives in New Mexico.
My question: My Mother, who is now deceased, left a spouse. He was not my biological father but said since he married my Mom, he was my father legally. He has since remarried. What I want to know is Is he still my Father legally or does my Mother's death end that legal case? And would I be entitled to his estate in any form once he passes away. And when my Mother died, and he remarried, wouldn't her death accorded her children some of the joint estate or does he have the right to grant his new wife all of my Mother's estate. He sold their house and most of her belongings.

Q: What I want to know is Is he still my Father legally or does my Mother's death end that legal case?

A: He is/was your stepfather unless he adopted you, and then he would be your father.


Q: And would I be entitled to his estate in any form once he passes away.

A: Whether or not he adopted you, you will get something if he leaves it to you in a will. If he adopted you and did not leave a will, then you get what passes under intestate succession in New Mexico.

http://www.finance.cch.com/pops/c50s10d190_NM.asp

If he did not adopt you and he does not leave a will, you get nothing.


Q: And when my Mother died, and he remarried, wouldn't her death accorded her children some of the joint estate or does he have the right to grant his new wife all of my Mother's estate. He sold their house and most of her belongings.

A: Get a copy of her will from the courthouse in the county where she died.