Are my daughter and I entitled?

[journeynme]

What is the name of your state?What is the name of your state? Michigan.. Mothers death Texas

My mother passed away (cancer in 2003) without leaving a WILL and my stepfather took over all money, property, pension and holdings my mother had in her name and for them jointly. My mother was a teacher and my stepfather is now recieving her Retirement benefits and Social Security along with his own and has all of my mothers belongings etc. I am very upset about it and feel that my sister, my daughter and my nieces should not have been left out of her legacy, such that it is......The situation with my stepfather has never been amicable and therefore my daughter will never see any of her grandmothers assets passed to her. My question is.. do I have a leg to stand on if I take hime to court for a portion of her estate? Should I?

 

[anteater]

In the abstract, yes, you and your sister may well be entitled to inherit from your mother. In the concrete reality, it depends how assets were titled, what was community property, what was separate property, etc.

Should you take legal action? Only you can determine whether the possible benefits outweight the costs.

 

[Dandy Don]

Check at the county courthouse probate court to see if he or his attorney has filed to be administrator. If not, then you or your attorney can file to get this estate to be opened up for probate and then he will have to account for all assets, and yes, you are entitled to a portion of her estate (those assets in which he was not named directly as a beneficiary).

DANDY DON IN OKLAHOMA ([email protected])