Estates

Hi D.,

I'm sorry I cannot help you. But I wanted to provide support. I was in the same situation. My Grandparents set a side A LOT!! of money for myself and the other grandkids when I was a teenager. That money I was relying on for a house.

A few years back, my Grandpa died, and I was presented with paperwork to sign to "Help Grandma access her money". A few years later, Grandma died & the grandkid's money, "never existed".

Family, (blood & step), can be more dishonest than strangers in some cases.

I'm sorry for what you're going through. I know the betrayal.

R.

If it goes to court, request she pay the court fees.

You might be able to talk to an attorney about your options without hiring one. Another option might be to take her to small claims court, depending on the amount. It is not as expensive as hiring an attorney and you can submit the paperwork yourself.

I have 2 recent experiences with estates, but my situations differ from yours. At the advice of an attorney (to save a house from being sold by companies seeking money on past due accounts) items were sold. He told us that if it was the persons who has died, that money was first needed to take care of the estate that was in limbo. Once the estate was closed whatever money was left (or belongings) it would be divided amongst the appropriate parties. I would contact an estate attorney (one has has experience) and just seek advice as to weather or not you even have to have the help of one with your situation. Also do some research in your state as to whether or not your step mom has the legal right to sell off your dads belongings (in california the spouse can supposedly depending on the estate). If they were legally "willed" to you, research what you can do in your state to dispute the sale. Hope this helps, and good luck. =)

I suggest that you talk with the attorney who is handling the estate. He represents your father and his role is to see that your father's wishes are carried out. There should be no charge for doing so and he would be the most knowledgeable about what recourse you have available. If the estate is going thru probate, I think the judge can order the step-mom to give you the money.

If there is a law school anywhere near you, go and see if they run a Law Clinic that is associated with the school. My daughters' Law School had an excellent clinic, run under the supervision of the Professors who are all licenses lawyers. They will normally see you for a nominal fee and I think basically you just want someone to tell you if this is worth pursuing in court or not. I don't know what the value of the items are but if they are over $5000 then it is too much for a small claims court in most states. Maybe just the THREAT of going to court...maybe a letter from an attorney would convince your step mother to do the right thing and turn the profits of the sale over to you.
If not...don't let this consume you...it just isn't worth it. If she is the type of woman who would do something like this then you are lucky to have her out of your lives and you should just forget her and move on. She is the one who will pay the price for her dishonesty in the long run...she has to look at herself in the mirror every morning!!

I would check with an attorney. If her name was on the truck and boat than you will have no legal claim even if a will said they were yours, since she is not dead. In many states most everything goes to a spouse in a death by default since it is joint property. Did he have the boat and the truck before the marriage? If it was purchased after the wedding she may have every right to it. The only way you will know for sure is to talk to an estate attorney.