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Stepmother did a lady bird deed to her son and cut us right out of the will . 2 weeks after fathers death

ADDITIONAL INFORMATION:

My dad passed away in 2014 . He had a will and stepmom had a will both basic mirror wills . My dad actually gave me copies of both and it named me executor in both of there wills . Before my dads death he called me up very upset he lived in Florida said I’m going to my bank and changing you to beneficiary . He said stepmom and stepson are aggravating him because he wants to move in and my dad couldn’t stand him . I was like dad relax I was busy driving told him I would call him back . The next day I get a call my dad fell but he’s OK. He should be home the next day I was told by them. Had I known he was in grave condition I would’ve flown there right away. They lied to me. I called the hospital and stepmom instructor that no information is to be given out. I explained I had a healthcare proxy. At that time I got a call saying he was unconscious and not waking up . I was very suspicious also by the time I got my flight he had passed they robbed me of being able to say goodbye. When I found out he passed I collapsed I need an ambulance and never made the trip there. Their behavior got more suspicious when she called to say she was going to ship my father’s ashes me .2 weeks later

ANSWER BY MARGARET CROSS-BELIVEAU:

Unfortunately, you  have run into a common problem that arises on a second marriage where the parties only have will leaving everything to each other or jointly own all the assets.  The surviving person is free to do with the assets what (s)he wishes.  Probate property passes under the terms of the Will.  Jointly held assets are automatically inherited by the survivor, outside of probate.  Once your father passed away, your step-mother is free to add her own children to the deed and bypass the will.  She is also free to execute a new will, also leaving all assets to her children.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire

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