mom died...stepdad remarried selling all

[allisoncross]

What is the name of your state? Idaho

I am in California, but my mother lived in Idaho and passed away 2 years ago following a long illness. Since her death, my step father has remarried and is now selling everything, including the house. I have a few questions:

*Would probate have been involved in this situation?
*Should there have been a "reading of the will" or would the will be recorded and public record?
*We never saw the will. Everything was to be split evenly between my sister, my step-brother, and me in the event of both of their deaths. Can he change the will now?
*Do we have a legal right (or is it public) to viewing her life insurance policy?

 

[lwpat]

"Would probate have been involved in this situation?"

There is no way for anyone on this forum to know.

"Should there have been a "reading of the will""

You've been watching too much Perry Mason.

"the will be recorded and public record?"

Only if someone produced the will and entered it into probate.

We never saw the will. Everything was to be split evenly between my sister, my step-brother, and me in the event of both of their deaths.

They didn't both die.

Do we have a legal right (or is it public) to viewing her life insurance policy?

Not unless you are the policy owner or beneficiary.

Wills are normally required to be filed within thirty days of death. My first question is why you have waited two years to start asking your questions? You need to contact the probate court and
see if there is a file. If not, one of you can start probate and ask to be named the executor. How you wish to proceed will depend on what has or has not been filed and what assets belonged to your mother. You should also check the deed on the house to find out how it is titled.

Unless your mother's estate was substantial the legal fight may not be worth the trouble.

 

[allisoncross]

Thank you for your prompt reply.

In response, the reason we have waited 2 years is because my step father was remarried this year and has only just begun selling all of the property, including the house. My sister and I were only wondering if we had any recourse or if we just write everything off.

Thank you again.....and I probably have watched too much Perry Mason