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Step-Father and Step-Sister

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K

Karen Wulf

Guest
State : Mississippi
My stepfather passed away before my mother. They have one child together and two stepchildren from my mother's previous marriages. They have been married almost 40 years. When they met, he had nothing. I had to sign over the social security checks that I received from the death of my father so that he could use them to run an eventually successful T.V. repair shop. He has since closed the business, moved to Mississippi with my mother and they opened up a family diner. They both worked very hard for many years to save money to retire. When retirement came, they invested most of their money in CD's, and built a home on 172 acres of land. They slowly sold off the land in bits and pieces, but still have a great deal. My mother trusted my stepfather to take care of the financial legalities for the future. Now that my stepfather has passed, we have learned that there wasn't a will, and the bank accounts, deed to the home and the CD's were all put in their blood daughter's name (my step-sister). My mother's name wasn't on anything. I can imagine how embarrassed and betrayed she must feel, but it's only getting worse. When my mother went to the lawyer's office, it appears that my stepsister has already spoken with him and he is a good friend of her husband's family. My mother informed him that she would like everything put in her name and when she passes, she would like everything distributed evenly between her surviving children. The lawyer told her and I that my stepsister will get everything because she is a blood relative? I don't really understand what my options are. My stepsister has become amazingly greedy and is now treating my mother horribly. My mother worked just as hard for that money and land as he did, but was just mistaken by trusting him. She deserves to have her money to live on and her house to live in. What can we do to have the house switched to her name? This is her home, and it has been for 15 years. They own it and the land, and she would like to live the remainder of her life there. She was snowballed by her husband and daughter. I would like to do this as simply as possible because my mother is elderly and I don't want to put her through any more trouble.
 


A

advisor10

Guest
SEPT. 13, 2001

DEAR KAREN:

So sorry about the sad situation you are facing with this estate. Actually, it was poor conduct on your stepfather's part for not having a will prepared, and it's a shame the way your mother was betrayed and not protected.

I'm not familiar with Mississippi law but I did find the following information in a reference book about it.

What you need to do now is to speak to a local probate attorney about your situation and see if you can hire one to represent your mother's interests. Even though your step-sister's name is on many of the important assets, it is possible that your mother still has a claim on her husband's estate. This is where the lawyer and/or the probate law is needed to interpret what will happen, since your mother might have a claim to the house by joint tenancy or tenancy-in-common, and the 1/3 of his estate that she might be eligible to might include the bank accounts and the CD's.

Whether or not there was a will, the surviving spouse is entitled to get 1/3 of the estate if there are children. (Section 91-5-25 & 91-5-27).


You need to get an opinion from at least 2 attorneys before deciding on how to go forward.

Hopefully you can afford to hire the attorney if your mother can't afford it herself.

SINCERELY,

[email protected]
 

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