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No Will and Husband has now Passed

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Mom died in a fire and there were a few things afterward of hers. Her current husband at the time has now passed and these items are now being held by his current wife her ashes and a few jewelry things. Can I petition the court to get these items?

Also at the time her portion of the land went to me and her husband. The husband remarried and him and his current wife put a mobile home on there. SInce he has now passed what happens with the land and her mobile home? I know his portion of the land would go to her and his son now.
 


LdiJ

Senior Member
Mom died in a fire and there were a few things afterward of hers. Her current husband at the time has now passed and these items are now being held by his current wife her ashes and a few jewelry things. Can I petition the court to get these items?

Also at the time her portion of the land went to me and her husband. The husband remarried and him and his current wife put a mobile home on there. SInce he has now passed what happens with the land and her mobile home? I know his portion of the land would go to her and his son now.
Well, you can force the issue of the sale of the land so that you can claim that part of your inheritance. Have you asked his current widow to return your mother's things to you?
 

Zigner

Senior Member, Non-Attorney
What US state?
What "things" are you talking about?
How long ago did your mom pass?
 
Mom passed in 2015. THe new wife wont return her ashes or things they found in the fire that were hers unless I sign the land over to her.
 

justalayman

Senior Member
Well, you can force the issue of the sale of the land so that you can claim that part of your inheritance. Have you asked his current widow to return your mother's things to you?

We need to know the state, how real property was held, and if there was a will and what it said to the question at hand.

We also need to know why op states the real property went to op and op’s step father.


Depending on facts not known, op may not be due anything including the ashes and jewelry. If it passed to the husband, op wouldnt be due anything.
 
So sorry forgot to put the state it’s Texas. Land of my Mom was owned by her husband at the time and mom. He 1/2 passed to me and my brother. Brother was promised my moms things if he signed papers so he did and didn’t get anything. I didn’t sign. Her husband and my name are on the land ownership. Her husband at the time remarried a few months later and she built a house on the land. Land isn’t in new wife’s name but she built a house there. No will. New wife now has my moms things and her ashes as well as her house is on the land. First says she won’t give me anything unless I sign the land over to her the. She says she doesn’t know where anything is. Her husband passed couple of weeks ago so I assume his part of the land now goes to his heirs.
 

justalayman

Senior Member
So it wasn’t your mothers property ever?

What mechanism was used to pass the property to you?


Unless the property was held as joint tenants with rights of survivorship, yes, his share passes to his heirs or if he has a will, as the will directs.



Was your mothers estate ever administered through probate?

If your mother died intestate (without a will) her husband was due 1/3 of her estate with the remainder going to her descendants.

How long ago did your mother pass?
 
So it wasn’t your mothers property ever?

What mechanism was used to pass the property to you?


Unless the property was held as joint tenants with rights of survivorship, yes, his share passes to his heirs or if he has a will, as the will directs.



Was your mothers estate ever administered through probate?

If your mother died intestate (without a will) her husband was due 1/3 of her estate with the remainder going to her descendants.

How long ago did your mother pass?
She died I. 2015 and no will. Her part passed to my brother myself and him. He remarried and his new wife built a house on the land. My name is on it because I went to an attorney and had it put on there since I was a survivor
 
The land was in my moms and her husband st them time name. When she passed her part went to me, my brother and him. He remarried after she died in a fire a few months later. His new wife built a house on the land her name isn’t on the land. Moms husband at the tome has now passed. Mom had no will. They have her ashes and a few things they found in the fire they kept. Said I can have them if I sign land over otherwise they will throw her stuff and ashes away
 

justalayman

Senior Member
She died I. 2015 and no will. Her part passed to my brother myself and him. He remarried and his new wife built a house on the land. My name is on it because I went to an attorney and had it put on there since I was a survivor
You did what?

Your statement makes absolutely no sense. You don’t have your name put on real estate. When probate is undertaken, the administrator executes a deed transferring your inherited share to you. There is no physical title so,your name doesn’t appear “on the property”

Along with that, if probate was opened, her entire estate should have been administered and anything due you would have been given to you.

And if the property was held as joint tenants, you would not be entitled to any interest in the property.


As his wife, the woman he married has a right to most of his estate and holds a life tenancy in his share of,the property as well.




While you may be explaining things poorly, what you say suggests there is a lot of haven’t provided. Due to thst I suggest you speak with a local attorney who can review what actually happened in this situation.
 
You did what?

Your statement makes absolutely no sense. You don’t have your name put on real estate. When probate is undertaken, the administrator executes a deed transferring your inherited share to you. There is no physical title so,your name doesn’t appear “on the property”

Along with that, if probate was opened, her entire estate should have been administered and anything due you would have been given to you.

And if the property was held as joint tenants, you would not be entitled to any interest in the property.


As his wife, the woman he married has a right to most of his estate and holds a life tenancy in his share of,the property as well.




While you may be explaining things poorly, what you say suggests there is a lot of haven’t provided. Due to thst I suggest you speak with a local attorney who can review what actually happened in this situation.
Sorry don’t know how to explain it any better than that but will contact an attorney. When a parent dies their part of the land goes to heir which is myself, my brother and her husband. At least in Texas it does. Had an attorney type up to get my name on the land due to heirship.

My brother unfortunately signed his away because they told him they would give him some things they found in the fire but never did.

I didn’t sign because I knew the type of people they are. So currently my name and her husbands is on the land now.

I just know if I build a house on someones land I want my name on the land as well.

Oh well will get a hold of attorney. Wrote several times the scenario can’t get any simpler than what I wrote
 

justalayman

Senior Member
Sorry don’t know how to explain it any better than that but will contact an attorney. When a parent dies their part of the land goes to heir which is myself, my brother and her husband. At least in Texas it does. Had an attorney type up to get my name on the land due to heirship.

My brother unfortunately signed his away because they told him they would give him some things they found in the fire but never did.

I didn’t sign because I knew the type of people they are. So currently my name and her husbands is on the land now.

I just know if I build a house on someones land I want my name on the land as well.

Oh well will get a hold of attorney. Wrote several times the scenario can’t get any simpler than what I wrote
Whether their property goes to an heir can vary depending on how the property is held, even in Texas.

But you don’t put your name on anything. Documents get recorded with the county that show a transfer of interest to you.


If the property is all that was transferred to you, then to claim ownership of anything else you would have had to deal with the entirety of her estate through probate or small estate administering.



Btw; since the new wife was married to the guy, she is now an owner of at least some share of his interest in the property if not all of it.
 
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