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A will revisited

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D

Dhor Matt

Guest
What is the name of your state? California

My Mom and Step-Dad built a beautiful house. When she was dying she made him promise that I'd be taken well care of. He always assured me this was true and that I would never have to worry. She died and I was handed her raided jewelry boxes. A few years later when he was dying he gave me the house on the condition I leave my husband and move in with him. I refused. He died. A girl freind of his who did move in recieved the house for as long as she lives. When she dies I guess it goes to the Administrator which is his daughter.
I never saw a will. If I were named in any, by either my Mom or Step Dad, I assumed I would have been notified. I wasn't notified.
The girl friend and his daughter fight over who owns the estate.
In the back of my heart, I can't help but wonder what is going to happen to the house after the girl friend passes on. I would love this house, it means a lot to me. Mom poured her heart and soul into the building of it. I even helped her clear the land for the pouring of the foundation, etc.
How do we research this? (for free).
How do we discover what the 'wills' said, especially if perhaps there might not have been any legal ones drawn up?

Also, similiar events have happened since with various other family members. How do we protect ourselves from this happening again?
 


lwpat

Senior Member
"Also, similiar events have happened since with various other family members. How do we protect ourselves from this happening again?"

You need to remember that people can do whatever they want to with their assets. I am the oldest child but when my father died his considerable estate went to the two youngest and the rest of us got nothing. The only way that you can be sure the estate will be distributed in accordance with your wishes is by a properly executed will that is on file and a trustworthy executor has been named. There are numerous cases where the will disappeared and/or the executor has raided the estate. A family member is often not the best executor.

If the estates have been probated you can check the records at the county probate court. Take a copy of the obituaries and the clerks will help you find the files.
 

Dandy Don

Senior Member
Looking at the probate files is a good place to start to see if there is any mention of the house. When your mother died, stepdad probably had the right as a surviving spouse to live in the home until his death, and then after his death I don't know what happens--you will have to ask your attorney about this.

Another place to do some checking is at the county courthouse tax assessors office (usually they have computers available for the public to use or you could call in) to check the address on the property tax records to see who is paying the property taxes--usually it is the same person who owns the home, unless you want to pay a few hundred dollars to a local title/abstract company to get a complete history of ownership on the deed/title.

It is not exactly clear whether you are entitled to receive anything from your stepmother's estate since you are not a child of hers, but your attorney can help you clear that up as well.

DANDY DON IN OKLAHOMA ([email protected])
 

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