• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Dad died, no will, Stepmom wont share

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

elanddp

Junior Member
What is the name of your state? NC

My father just passed away and my stepmother will not give us 3 kids pictures of OUR (my mother, father, brother, sis, & me) family to us. My father did not have money but did have sentimental things that we would all (us 3 kids) like to split.
Those things are pictures, trains, small ceramic buildings he painted since we were kids, patch collection... & other small things.

My stepmother claims that she and my dad had a talk two weeks ago and he said that everything he had would go to her and that he did not want anyone else to get his things.
Can she withhold these things?
Please help! I live in North Carolina. She also has my grandmother's wedding ring that belonged to my father. I think my sister (oldest child) should get that but the stepmom will not give it up.
 


BelizeBreeze

Senior Member
One of you kids needs to file Probate Intestate. Stepmommy is not entitled to everything, although she will receive the lion's share.
 

justalayman

Senior Member
One of you kids needs to file Probate Intestate. Stepmommy is not entitled to everything, although she will receive the lion's share.
BB, this is a perfect example of what happens with very small estates where the kids are basically after sentimental items rather than a cash value. Since probate disbursal seems to be concerned with $$ value, is there any way for the OP (or anybody in such a situation) to actually claim specific items such as they have listed (of course they would need to be valued and applied against the % to be distributed to the heir).
 

BelizeBreeze

Senior Member
BB, this is a perfect example of what happens with very small estates where the kids are basically after sentimental items rather than a cash value. Since probate disbursal seems to be concerned with $$ value, is there any way for the OP (or anybody in such a situation) to actually claim specific items such as they have listed (of course they would need to be valued and applied against the % to be distributed to the heir).
In this case no. Because there was no will Probate is the only way to have the court oversee distribution.
 

justalayman

Senior Member
Thanks BB.

It is a shame. I was in a similar situation and our family lost many mementos (of little $$ value) because of it.

With todays current divorce rate and subsequent remarriage, I'm sure this happens all the time with apparently no method of correcting it (post mortem).

This just proves the value of making a will to express your desires and intent.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top