I've been dis-inherited. Do I have any options?

[Ksgal]

What is the name of your state (only U.S. law)? Kansas
OK, here we go. I am almost 45 years old and when I was 7 years old my mom married my step father. My mom already owned her home, but after they got married she discovered he had several credit cards and back taxes. She had to mortgage the house. My stepfather is a great guy, when he's sober. I have a older brother. I'm not sure why we never really got along, but he was a mean drunk and I locked myself in my room and I hardly ever came out. My brother shared his hunting enthusiasm and they got along. I am a tree hugger. After a few years it really got bad. Every night he would slam the cabinet doors and call me and my mom horrible names. Names a 10 year old shouldn't even hear, let alone be called. EVERY NIGHT. I graduated high school and in college I got pregnant. Anyway, I had a son out of wedlock. My stepfather loved my son. He thinks of him as his own and they are really close. I appreciate everything that he has done for my son. Moving forward, my mom was diagnosed with ALS in 2007 and I came back home to be with her, we'll I moved a couple of blocks away. I became her caregiver 12 to 20 hours a day. For 3 years. Nothing had changed. Every night he got drunk and slamed cabinets threw things, and called- us f -jng c***s, wh**s etc. And I stood up to him. She was dying, why did he have to be so mean to her? He didn't act like that when my brother or his wife was around. My Aunt who came every evening to help witnessed it repeatedly for all three years.
Naturally, the spouse gets everything. Now, my son tells me that him and my brother get everything. My stepfather made out a will and I am to get nothing. Not even the things that are mine. For example, my grandmother gave my mom a china hutch and on my 21st birthday my mother gave it to me. It holds my moms glassware and such so I have never removed it from the house.
I'm thankful that my stepfather is so great to my son, he's 25. But for me to be totally dis-inherited is there anything I can do?? My step dad is still alive and I don't want him to pass or anything, but he has stage 4 cancer. What do I do??

 

[adjusterjack]

There's nothing you can do. He has the right to leave his estate to stray cats if he wants to.

As for anything that "belongs" to you, I'm guessing that you have no "evidence" to substantiate that claim.

Personally, I'd write the old b-a-s-t-a-r-d off and let him die alone in his puke and get on with my life.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Kansas
OK, here we go. I am almost 45 years old and when I was 7 years old my mom married my step father. My mom already owned her home, but after they got married she discovered he had several credit cards and back taxes. She had to mortgage the house. My stepfather is a great guy, when he's sober. I have a older brother. I'm not sure why we never really got along, but he was a mean drunk and I locked myself in my room and I hardly ever came out. My brother shared his hunting enthusiasm and they got along. I am a tree hugger. After a few years it really got bad. Every night he would slam the cabinet doors and call me and my mom horrible names. Names a 10 year old shouldn't even hear, let alone be called. EVERY NIGHT. I graduated high school and in college I got pregnant. Anyway, I had a son out of wedlock. My stepfather loved my son. He thinks of him as his own and they are really close. I appreciate everything that he has done for my son. Moving forward, my mom was diagnosed with ALS in 2007 and I came back home to be with her, we'll I moved a couple of blocks away. I became her caregiver 12 to 20 hours a day. For 3 years. Nothing had changed. Every night he got drunk and slamed cabinets threw things, and called- us f -jng c***s, wh**s etc. And I stood up to him. She was dying, why did he have to be so mean to her? He didn't act like that when my brother or his wife was around. My Aunt who came every evening to help witnessed it repeatedly for all three years.
Naturally, the spouse gets everything. Now, my son tells me that him and my brother get everything. My stepfather made out a will and I am to get nothing. Not even the things that are mine. For example, my grandmother gave my mom a china hutch and on my 21st birthday my mother gave it to me. It holds my moms glassware and such so I have never removed it from the house.
I'm thankful that my stepfather is so great to my son, he's 25. But for me to be totally dis-inherited is there anything I can do?? My step dad is still alive and I don't want him to pass or anything, but he has stage 4 cancer. What do I do??

Did your mom leave a will? If not then he doesn't get EVERYTHING. The estate should have been probated. Was it?

 

[Ksgal]

Did your mom leave a will? If not then he doesn't get EVERYTHING. The estate should have been probated. Was it?

No, my mom had no will. There was a life insurance policy he got from her employer and also a insurance policy that paid off all other debt. It was through the bank.
I do have receipts for items still in my mom's house. Mom and I sewed together and I bought the sewing machine and I have the receipt that I put it on my credit card. My letter jacket is obviously mine.
It's a really weird situation. I know he doesn't like me, but currently I let him use my garage to process and hang deer. I bought the heat pump in my mom's house. And I can prove that.
I don’t know where my brother stands. His second wife and I don't get along very well. I loved his first wife, still do. But this one tries to be the boss and she is not the boss of me and I let her know it. And I think alot of our problem is my nephew hates her. If she treated my nephew better (her step son) I would try to get along better with her. She is the executor of the will. My son's girlfriend also sees dollar signs and wants to sale the house and all its contents so she can continue not to work.
My son and I have talked about this. He's the one who told me. I'm his mom he doesn't want to see me get screwed over like this.

 

[adjusterjack]

No, my mom had no will.

After all the years that they were married it's likely that everything was owned jointly with right of survivorship which means he got everything by law. Period.

If you have any documentation that anything was owned by your mother as her sole and separate property, then that property should have been probated and part of the proceeds would have gone to you under intestacy.

There was a life insurance policy he got from her employer and also a insurance policy that paid off all other debt. It was through the bank.

That she listed him as sole beneficiary on those life insurance policies would lead me to conclude that everything else was likely owned jointly with right of survivorship or your mother would have made specific bequests to you if she wanted to. That she didn't would lead one to conclude that she was OK with her husband getting everything and she figured you could take care of yourself without your inheritance.

I do have receipts for items still in my mom's house. Mom and I sewed together and I bought the sewing machine and I have the receipt that I put it on my credit card. My letter jacket is obviously mine.

Then go get it if you can get your son to get you into the house.

I know he doesn't like me, but currently I let him use my garage to process and hang deer.

After the way he treats you, you have to be really stupid to allow that to continue.

I bought the heat pump in my mom's house. And I can prove that.

Doesn't matter. Once that got attached to the house, it became owned by whoever owns the house.

I don’t know where my brother stands. His second wife and I don't get along very well. I loved his first wife, still do. But this one tries to be the boss and she is not the boss of me and I let her know it. And I think alot of our problem is my nephew hates her. If she treated my nephew better (her step son) I would try to get along better with her. She is the executor of the will. My son's girlfriend also sees dollar signs and wants to sale the house and all its contents so she can continue not to work.

OK, so you look up the word dysfunctional in the dictionary and you see a picture of your family.

My son and I have talked about this. He's the one who told me. I'm his mom he doesn't want to see me get screwed over like this.

He doesn't have any choice in the matter other than to share his inheritance with you once your stepfather dies.

By the way, your not getting screwed over, you're just not getting what you never had, and never were entitled to, in the first place