Are my sister & I heirs?

[jenny55555]

My mother and father got divorced and my mother remarried. My sister and I lived with them, but he was not our stepfather legally. Her new husband passed away years ago. He had a will leaving whatever he had to my mom. My mom passed away 7 months ago leaving a Will of whatever she had to my sister and I. I just found out that the man who she was married to has some sort of unclaimed property. Since he left everything to her and then she left everything to my sister and I, do I we have a right to claim this? Am I considered an heir of this man? They had no children together. She also left me the executrix of her estate but in no way was I the executrix of his estate. I don't know if I have a right to claim or not. I want to be sure before I do anything. Do I have a claim? I appreciate any replies, thank you. Jenny.

 

[justalayman]

It would appear you ultimately have a right to the asset. The problem is proving to the holder you have a right to the asset. The problem is as you have hinted at is no, you are not an heir to the man. Your mother was and of course you an heir to your mother.

As executor of your mother’s estate you may be able to make a claim for the asset. The asset is presumably owed to her estate. Depending on who holds the asset it may require invoking the aid of the executor or the man’s estate.

 

[aldaron]

So if a step father passes with no will the step children have no claim on the estate, never would have guessed that only biological/adopted kids had a claim.

 

[justalayman]

Correct. There is no legal relationship established with you simply due to your mother marrying the man.

 

[Dandy Don]

What state did the deaths occur in, and what state is holding the unclaimed property?

You can file the claim yourself but at the beginning of the claims process you will be asked to furnish a certified copy of the wills from each estate and a certified copy of the letters testamentary (the document that gives legal authority to the executor to handle all assets) from each estate. Additionally, you may also want to ask executor of the new husband's estate to please provide you with a signed letter (addressed to the unclaimed property office, but sent to you personally so you can submit the letters with your claim) that gives you permission to claim this asset.

Basically you will follow the instructions of the unclaimed property office as they will guide you through the process and will tell you exactly what type of documentation you need to prove your claim.

 

[stealth2]

So, did he have children prior to your Mom?

 

[Dandy Don]

Did the new husband have any children who were born before he married your mother?