Mother passed, I'm only child from mom, but step dad still alive

[confused73]

What is the name of your state (Indiana)?

My mother passed from cancer. My step dad is still alive and is really well off. My mother bought and paid for her own car( except last 3 payments when mom was too il and couldn't). As far as I know there is no name/person for who the car goes to. Me and my step dad are not that close and he says he is going to use moms Cross Fire as a trade in with his other 2 vehicles so he can get a new sports car. I am her only child. Any direction on what to look into about this? Thanks for any feedback.

 

[justalayman]

Ok, there are a couple things to understand.



any property that was owned jointly with rights of survivorship, and bank accounts with a beneficiary listed (POD or TOD account, any CD's or any other financial instrument with a named beneficiary, and any insurance policy with a named beneficiary transfer to that named party outside of probate.

If the car was titled jointly with rights of survivorship with her husband, it would go to her husband.


then, you haves property that is disbursed by a will, if there was one. Was there?



If not, all her remaining property is disbursed according to the laws if intestate succession.

this is an excerpt of the beginnings of the laws of intestate succession:

(a) The estate of a person dying intestate shall descend and be distributed as provided in this section.
(b) Except as otherwise provided in subsection (c), the surviving spouse shall receive the following share:
(1) One-half (1/2) of the net estate if the intestate is survived by at least one (1) child or by the issue of at least one (1) deceased child.
(2) Three-fourths (3/4) of the net estate, if there is no surviving issue, but the intestate is survived by one (1) or both of the intestate's parents.
(3) All of the net estate, if there is no surviving issue or parent.
(c) If the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent, and the decedent left surviving the decedent a child or children or the descendants of a child or children by a previous spouse, the surviving second or subsequent childless spouse shall take o

so, without knowing how title to the car was held or anything else, it is impossible to determine if it all goes to the husband or not.

then, you need to know if there was a will or not.

 

[las365]

What is the name of your state (Indiana)?

My mother passed from cancer. My step dad is still alive and is really well off. My mother bought and paid for her own car( except last 3 payments when mom was too il and couldn't). As far as I know there is no name/person for who the car goes to. Me and my step dad are not that close and he says he is going to use moms Cross Fire as a trade in with his other 2 vehicles so he can get a new sports car. I am her only child. Any direction on what to look into about this? Thanks for any feedback.

I'm sorry for your loss.

It will be easier for people to try to help you if you provide some more information.

When did your mother die?
Do you know whether she wrote a Will before she died?
If so, do you have any idea how she bequeathed her property in the Will?
Do you know whether probate has been filed?

Just out of curiosity, how old are you? Since your mom presumably knew she was dying, did she talk with you at all about what she wanted to happen with her property after she died?

 

[nextwife]

I'm sorry for your loss.

It will be easier for people to try to help you if you provide some more information.

When did your mother die?
Do you know whether she wrote a Will before she died?
If so, do you have any idea how she bequeathed her property in the Will?
Do you know whether probate has been filed?

Just out of curiosity, how old are you? Since your mom presumably knew she was dying, did she talk with you at all about what she wanted to happen with her property after she died?

How and if she had seperately titled/held assets is even more important. The rest is moot, if there are no assets subject to probate.

 

[confused73]

If the car was titled jointly with rights of survivorship with her husband, it would go to her husband.
then, you haves property that is disbursed by a will, if there was one. Was there?

Only mom or bank on the title since were few more payments to bank left.

If not, all her remaining property is disbursed according to the laws if intestate succession.
this is an excerpt of the beginnings of the laws of intestate succession:
so, without knowing how title to the car was held or anything else, it is impossible to determine if it all goes to the husband or not.
then, you need to know if there was a will or not.

Came too fast and was diagnosed after too late and there was no will we could find.

Mom had to retire early from her employment and life insurance stopped. She passed this Aug 2012.

 

[confused73]

I'm sorry for your loss.

It will be easier for people to try to help you if you provide some more information.

When did your mother die?
Do you know whether she wrote a Will before she died?
If so, do you have any idea how she bequeathed her property in the Will?
Do you know whether probate has been filed?

Just out of curiosity, how old are you? Since your mom presumably knew she was dying, did she talk with you at all about what she wanted to happen with her property after she died?

She passed Aug 2012.
There is no written will. Tumors took toll on brain after spread.
She was in denial, or told everyone she was fine.
I;m not familiar with probate.

I am 39. She did not want to talk at all about the inevitable, and always said she was fine. She thought she would be fine didn't believe doctors etc.
By the time to make arrangements was too late and what was removed from brain at first, metastisized and then grew like wild fire, rather not go into too much detail, but couldn't think rational, but still would not talk about it and would get upset if asked how she was doing, and change subject.

 

[confused73]

My step dad mentioned something about things staying in estate. But if his name was not on her pride and joy that she paid with her own money (her being independent in her mind), except for last few payments since she passed (step dad paid them), and a payment or two left, then car paid off and title transfer etc.

Thanks everyone for feedback so far.

I just got the wrong vibe from my step dad when he said he was going to keep moms car, and then trade it, and his other 2 personal cars and get him the sports car he always wanted. I kept my mouth closed and when you have nothing good to say, then best to keep your mouth shut until I can understand somewhat the process before I will say something.

 

[justalayman]

confused73;3091499]Only mom or bank on the title since were few more payments to bank left.

the bank would have only been a lien holder. Are you sure as to how the vehicle was titled? How do you know?






is there a house involved? If so, you will have to find out how title was held. Again, if joint tenants with rights of survivorship (JTWROS), the house transfers to whomever the joint tenant was. If it was tenants in common, then her share is part of her estate.



If her estate is valued at more than $50k, there needs to be a probate action opened to deal with her effects.

since there was no will, the laws of intestate succession step and and control what happens to her estate.

Here is the section of law dealing with intestate succession (I posted some of it previously)

http://www.in.gov/legislative/ic/code/title29/ar1/ch2.html

based on that, you would be due 1/2 of her estate.

so, the next step is to try to figure out if her estate was worth more or less than $50k.

 

[confused73]

the bank would have only been a lien holder. Are you sure as to how the vehicle was titled? How do you know?

I'll have to look into that. I know my mom got the car herself and as far as she once told me was in her name only.

House is in both mom and step dad's name, so not concerned with that. Just concerned with what was in moms name only. As an only child, I know she would have wanted to leave something, but feel kinda weird asking this and will read thru links posted to help me understand, and how to approach my step dad concerning this issue.

Thanks for your feedback.