My Rights to deceased father's estate

[dadsgirl70]

What is the name of your state (only U.S. law)? South Carolina
My dad passed away 5 yrs ago. He & I were extremely close. I've been a "daddy's girl" my entire life. My mom & I have never gotten along & I am pretty sure that my relationship with my father was a major reason. Also, my two sons were/are my parent's only grandchildren. I have a younger brother. My mom & he are very close. A year after my dad passed away, without my knowledge, my mom sold my deceased grandparent's home/land. Also, I'm not sure if my dad had a will or not. My parents owned 4 acres of land. They build their home & my brother's home on the property. There's a part of the land that my dad had verbally told my hubby & me that we could build a house there. My questions are: 1. Did I have any rights to my grandparent's estate? (my dad was an only child) 2. If my dad had a will, if I had been left anything, I would have been notified already right?
3. I would never go against my mom because I'm better than that but do I have rights to see my dad's will if he had one?

 

[>Charlotte<]

If there was a will and it went through probate, the executor was required to notify anyone mentioned in the will of their inclusion. The probate closing documents include written confirmation (sometimes notarized, it depends) from all parties that their interest was satisfied. The executor is generally required to close probate within one year (barring unusual circumstances) so I would guess that probate has been closed. I'm not 100% sure, but I think when there is a surviving spouse probate is not necessary in most cases.

You may want to contact your county's probate office to see if there was a case on your father's estate. If there was, you were apparently not named in the will. If there was no probate, everything passed to the surviving spouse.

Anything verbal means nothing, legally.

 

[justalayman]

If there was no probate, everything passed to the surviving spouse.

.

not true:

SECTION 62-2-101. Intestate estate.

Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this Code.

HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.

SECTION 62-2-102. Share of the spouse.

The intestate share of the surviving spouse is:

(1) if there is no surviving issue of the decedent, the entire intestate estate;

(2) if there are surviving issue, one-half of the intestate estate.

HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.

SECTION 62-2-103. Share of heirs other than surviving spouse.

The part of the intestate estate not passing to the surviving spouse under Section 62-2-102, or the entire estate if there is no surviving spouse, passes as follows:

(1) to the issue of the decedent: if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree then those of more remote degree take by representation;

(2) if there is no surviving issue, to his parent or parents equally;

So, no will: OP was entitle to 1/2 of the estate.

If there was a will, then it is whatever was stated in the will.

A year after my dad passed away, without my knowledge, my mom sold my deceased grandparent's home/land.

You would have to research how title was help by your parents before determining if any of it was subject to probate.

My questions are: 1. Did I have any rights to my grandparent's estate? (my dad was an only child)

you would not be entitled to any of your grandparents estate unless there was a will directing such. Once it became part of your parent's estates, that could change. If your father had no will, then you would be entitled to something from your father's estate, at least the share subject to probate.

2. If my dad had a will, if I had been left anything, I would have been notified already right?

You should have been but no guarantees.

3. I would never go against my mom because I'm better than that but do I have rights to see my dad's will if he had one?

if he had a will and it was presented for probate, then that is public record and you can review it. If there was no will, then you should still review the probate file to see what happened to your share (of there was any) of your father's estate.

If there was no probate opened, then if you are interested in obtaining what would have legally been yours you should speak consider opening probate (if not too late as some states have time limits)

 

[curb1]

Additionally, it is important to find out how all of the property was titled. It could easily be possible that Mom was entitled to all of the major assets.

 

[commentator]

And that would be doing just what you said you were not wanting to do, to go in and try to get half of what your mom got, as far as property and possessions. I suspect Mom would've had a very hard time selling Dad's land unless the probate issues had been decided.

 

[>Charlotte<]

My apologies for the misinformation, dadsgirl--I was going by my own experience with my father's estate, and my father-in-law's estate. I thought there was no will in the latter case, but there was.

 

[dadsgirl70]

Thank you, guys for all the help & advice. I didn't mention the fact that my dad (only child) never had his parent's house/land put into his name. We did not know that until after my dad died. He is very sentimental & wanted the house to stay the same as it did when my grandparents were alive. Grandfather died in 1986 & my grandmother died in 2001. My dad had allowed me to store things in Grandparents home. Most of the stuff stored were toys, crib, etc. The day after my dad died, I asked my brother if I needed to get my things out of the house. He said no because our mom would never do anything to the house without telling me. Well, a year later, I found out that she had sold the house & it was torn down. She sent word by my youngest son that all of my things in the house had been destroyed. My grandparent's things were still it the house as well. I wasn't given the opportunity to go in & grab some of their things that had sentimental value. I was so hurt & I couldn't believe that my mom had done that. Anyway, the only thing I want from her is a ring that belonged to my grandmother. I will probably never see the ring & I am trying to accept that fact.

 

[justalayman]

well, from the sounds of it, you were shortchanged regarding your father's estate. If you do not wish to make a big deal about it, so be it but if there was no will, then you were entitled to 25% of his estate. (I missed it previously when you said you have a sibling so the 50% that the children would inherit would be split 50/50)

Given the the house was torn down over 10 years ago there isn't likely anything you could do about your personal property that was lost at the time.

 

[curb1]

There might not be an estate to get "50 percent" depending how the assets are/were titled. Mom could easily be entitled to 100 percent.

 

[anteater]

But an interesting question about how Mom managed to sell grandparents' property when "... dad (only child) never had his parent's house/land put into his name."

 

[dadsgirl70]

But an interesting question about how Mom managed to sell grandparents' property when "... dad (only child) never had his parent's house/land put into his name."

Good question. I don't 'know how she was able to sell the house/property. I have thought about trying to get a copy of my dad's will or estate, if there was one. I would only try to get a copy of the will if I am assured my mom would not know or find out about it. A few months ago, I went to the courthouse & got a copy my parent's two marriage licenses & a copy of the divorce decree. When I was a kid, my parents divorced but four years later, they remarried. Not only did I know the people working in the courthouse, one lady was my mom's pastor's wife. So much for being discreet.

 

[dadsgirl70]

well, from the sounds of it, you were shortchanged regarding your father's estate. If you do not wish to make a big deal about it, so be it but if there was no will, then you were entitled to 25% of his estate. (I missed it previously when you said you have a sibling so the 50% that the children would inherit would be split 50/50)

Given the the house was torn down over 10 years ago there isn't likely anything you could do about your personal property that was lost at the time.

Yeah, I was/am not Mommy Dearest's favorite. Never have been & probably never will be. That's ok. I'm slowly beginning to accept that she will never be loving or nurturing. I guess that's why I have had such a difficult time dealing with my father's death. I guess it is what it is

 

[justalayman]

Yeah, I was/am not Mommy Dearest's favorite. Never have been & probably never will be. That's ok. I'm slowly beginning to accept that she will never be loving or nurturing. I guess that's why I have had such a difficult time dealing with my father's death. I guess it is what it is

if you don't want to stir anything up, then it sounds like it's time to let it all go and move on. Anything less will simply cause you grief. Best of luck to ya.