Greedy Stepfather

[purejubilee]

What is the name of your state? TX

My mother passed away 2 months ago and had only 1 copy of her will, which left me (her only son) and her ex husband (husband 1) all of her possessions. She's been remarried to husband 2 for 2 years, a man who constantly demanded most of her property prior to her death. Everything of value was bought with my mother's and my trust money (equally), left to us by my grandmother. Almost all of our property (land, jewelry, electronics, appliances, cars, etc.) was purchased prior to my mom's and husband 2's marriage. Since her death, the will and 30K of family heirlooms has been stolen and my stepfather has issued a criminal tresspass so that I can't live in the home my mother and I shared before he came along. He also, I heard him myself, change an insurance policy payout to his name (he pressured a doctor to issue a medical power of atty a week before she died). My mother specifically told my fiance what they were 2 months prior to her death, she wanted everything put back into the estate/trust because she knew husband 2 was up to no good. My mother passed enexpectedly, as her doctor's said she could go home in a week, instead she died. Husband 2 seemed to know she was going to pass, ahead of time. I "accidentally" walked in on his meeting with a funeral home ,which I wasn't informed of. She died 5 hours later and he rushed her cremation. It's been 3 months since her death and he still hasn't gone to pick up "his half" of her remains and refuses to release them to me. Husband 2 checked himself into a mental hospital right before my mom passed because his "bi polar disease was out of control and he felt he could harm someone". I've constantly had to walk on eggshells because of his "bi polar disease and violent mood swings". When I confronted husband 2, he stated he was having an episode but denies any wrongdoing. His favor to me was to remove himself from my home, yet he made sure I couldn't go back either. I'm completely broke and homeless and he's taken his pick of my personal belongings and left the home abandoned, and since I can't go back, I stand to lose everything left. A morgtage is still owed, I'm told I can't get it transfered to me (bad credit), and if I want to move the few remainders of my mother's and my belongings, I have to pay rent in a home I can't live in. My mother had her will done through the navy and they state they don't keep any records on wills, what so ever. Please help. Would my grandmother's will/estate protect me, can I legally get the home transfered to me, if I pay rent can I live there legally, can I really be given a criminal tresspass, and can I sue this man (husband 2) for all the problems he's caused? Oh, he also started bringing in numerous women just 2 weeks after my mothers passing and verbally threated and hired (he paid a friend of mine, who told me) to kill me. What can I do about that? I'm not crazy, just a little discouraged as no atty's don't want to deal with this especially since I'm broke, but everything is 100% true and not even everything I'm having to deal with because of this man. Any help would be a life saver!!!!!!!!

 

[HomeGuru]

What is the name of your state? TX

My mother passed away 2 months ago and had only 1 copy of her will, which left me (her only son) and her ex husband (husband 1) all of her possessions. She's been remarried (husband 2) for 2 years to a man who constantly demanded most of her property prior to her death. Everything of value was bought with my mother's and my trust money (equally), left to us by my grandmother. Almost all of our property (land, jewelry, electoronics, appliances, cars, etc.) was purchased prior to my mom's and husband 2's marriage. Since her death, the will and 30K of family heirlooms has been stolen and my stepfather has issued a criminal tresspass so that I can't live in the home my mother and I shared before he came along. He also, I heard him myself, change an insurance policy payout to his name (he pressured a doctor to issue a medical power of atty a week before she died). My mother always expressed her wishes and specifically told my fiance what they were 2 months prior to her death, what they were). She wanted everything put back into the estate/trust. Husband 2 denies any wrongdoing. I'm completely broke and homeless and he's taken his pick of my personal belongings and left the home abandoned, and since I can't go back, I stand to lose everything left. A morgtage is still owed, I'm told I can't get it transfered to me (bad credit), and if I want to move the few remainders of my mother's and my belongings, I have to pay rent in a home I can't live in. My mother had her will done through the navy and they state they don't keep any records on wills, what so ever. Please help. Would my grandmother's will/estate protect me, can I legally get the home transfered to me, if I pay rent can I live there legally, can I really be given a criminal tresspass, and can I sue this man (husband 2) for all the problems he's caused? Oh, he also started bringing in numerous women just 2 weeks after my mothers passing and verbally threated and hired (he paid a friend of mine, who told me) to kill me. What can I do about that? I'm not crazy, just a little discouraged as no atty's don't want to deal with this especially since I'm broke, but everything is 100% true and not even everything I'm having to deal with because of this man. Any help would be a life saver!!!!!!!!

**A: and when you reported the murder threat to the police, what did the police tell you?

 

[JETX]

"Would my grandmother's will/estate protect me"
*** Depends on what kind of 'protection' you are talking about.

"can I legally get the home transfered to me"
*** That would depend on the 'style' of the title and the probation process.

"if I pay rent can I live there legally"
*** With the approval of the legal owner, yes.

"can I really be given a criminal tresspass"
*** If you have no legal right to be on the premises, yes.

"and can I sue this man (husband 2) for all the problems he's caused?"
*** That would depend on the EXACT 'problems' and whether they were against statutes or not.

"Oh, he also started bringing in numerous women just 2 weeks after my mothers passing"
*** Okay???

"and verbally threated and hired (he paid a friend of mine, who told me) to kill me. What can I do about that?"
*** Contact your local police.

Bottom line.... since you have a copy of her will, you are going to have to have it probated. And that will likely require an attorney. Put all the other crap away until the will is probated. If the will is as you claim, most of these problems could go away in the probate process.

 

[purejubilee]

Re: Re: Greedy Stepfather

**A: and when you reported the murder threat to the police, what did the police tell you?

Hearsay, nothing was done. The home mentioned, is in my mother's name and mortgage is through her credit union. Can I legally transfer it into my name? and The home is situated in a trailer park, in which I've been given a criminal tresspass (unkown reasons, they won't say) by the park's owners. The said if I don't pay the rent, they will sieze everything inside. They want me to pay rent on my home which I can't even live in. Can I do anything about this, as I'm now homeless?

 

[HomeGuru]

I'll let JETX take over for awhile.

 

[JETX]

"Hearsay, nothing was done."
*** No its not!! Your post says that "he paid a friend of mine, who told me". That would mean it is NOT hearsay!!

"The home mentioned, is in my mother's name and mortgage is through her credit union. Can I legally transfer it into my name?"
*** As noted in my post, that would depend on the will and probate. The probate court will issue an order to transfer ownership.

"and The home is situated in a trailer park, in which I've been given a criminal tresspass (unkown reasons, they won't say) by the park's owners."
*** They don't need to give you a reason since they are the owners or agents.

"The said if I don't pay the rent, they will sieze everything inside. They want me to pay rent on my home which I can't even live in. Can I do anything about this, as I'm now homeless?"
*** Before they can do anything, they will have to comply with the Texas Property Code for 'Manufactured Home Residencies':
http://www.capitol.state.tx.us/statutes/py/py0009400toc.html

 

[purejubilee]

"Would my grandmother's will/estate protect me"
*** Depends on what kind of 'protection' you are talking about.

"can I legally get the home transfered to me"
*** That would depend on the 'style' of the title and the probation process.

"if I pay rent can I live there legally"
*** With the approval of the legal owner, yes.

"can I really be given a criminal tresspass"
*** If you have no legal right to be on the premises, yes.

"and can I sue this man (husband 2) for all the problems he's caused?"
*** That would depend on the EXACT 'problems' and whether they were against statutes or not.

"Oh, he also started bringing in numerous women just 2 weeks after my mothers passing"
*** Okay???

"and verbally threated and hired (he paid a friend of mine, who told me) to kill me. What can I do about that?"
*** Contact your local police.

Bottom line.... since you have a copy of her will, you are going to have to have it probated. And that will likely require an attorney. Put all the other crap away until the will is probated. If the will is as you claim, most of these problems could go away in the probate process.

No, I do not. The one and only original was stolen and unfound. Police report made. The U.S. navy states they don't keep any copies of the wills made through them WHAT SO EVER. Local police think this is all hearsay and can't or won't do anything? And so here it is again: I can't live in my home, must pay rent or forfiet what's left of my belongings because the people that own the trailer park where it's situated issued a criminal tresspass by the police dept. for all the problems my stepfather caused, and (numerous police visits) and thus leaving me homeless!

 

[JETX]

I misunderstood from your original post when you said she "had only 1 copy of her will, which left me (her only son) and her ex husband (husband 1) all of her possessions.". I assumed from that (and you knew the contents) that you had a copy of the will.

So, if there isn't a copy (or one cannot be found) then her estate will be distributed in accordance with Texas intestate distribution. An online copy can be found at: http://www.brownmccaroll.com/chart.htm

Any property acquired PRIOR to her marriage (and not subsequently transferred) would remain 'separate' and would NOT be communal.

In Texas, if a person dies without a will (or "intestate") the heirs and their shares of the estate must be determined in an heirship determination proceeding. In this proceeding, all facts concerning the identity of all heirs must be produced at a hearing. An attorney ad litem will be appointed by the court to represent the interests of any unknown heirs, known heirs who cannot be located, or heirs suffering from legal disability.
Contact your county probate court.

 

[Dandy Don]

My sympathies to you in what must be a horrific situation.

First you need to have some idea as to what the estate assets would add up to be in total. What is the land worth, what is the value of the home (what would it sell for and how much equity/mortgage payments has your mother made?). What do the other personal property assets add up to? Call the county courthouse probate court to find out what the minimum amount of estate value must add up to before probate is required.

You may need to talk to more than one attorney to find one willing to represent you.

As far as the stolen property, if you have access to receips that could prove your mother owned them, then you would have some legal grounds to try to recover them, since it is going to be your word against his in court.

You or your probate attorney needs to file to become administrator of this estate so that the administrator would have the legal authority to start claiming any and all assets. It might be possible for you to sell the home and get some type of profit there.

Is there any way you could get access to the home to go through her personal papers to see if you could find the will?

How do you know for sure that a "trust" exists and who would have been named trustee? Seems like it would be vitally important to try to find her personal papers.

Also very suspicious are the circumstances surrounding her death--the coldness (unwillingness to claim the ashes, as normally a grieving husband would be desirous of doing this) and lack of remorse by bringing in other women and the fact that he rushed for cremation could be an indication that he may be trying to cover up medical evidence that may prove that he contributed somehow to the death. You need to consider asking the police if you can request an autopsy be done and have a background check done on this man to see if he has a criminal record.

DANDY DON IN OKLAHOMA ([email protected])