If a step father inherits property from mother and he dies before transferring are the children of the mother next in line?

Family Law 3 views 4 answers
Mother dies, Stepfather wins court ruling that he gets the house, and other assets since the Mother's will disappeared and no one knows who the attorney was that she used to make the will. Stepfather dies a few months later before converting all of the assets from the Mother's name into his name. Niece of Stepfather is claiming she gets it all now since she is only beneficiary named in his will. Children of the mother wish to obtain the assets and house they grew up in. Attorney on her part threatens to have issue dismissed and charge the children his attorney fees.

Attorney Answers

4
Robert Murillo ·
Conversion is not required. If the Stepfather got the assets in probate court then those are his assets. If he passed and had a will those assets pass per that will. If the had no will it passes per the intestate statute. Nice of Stepfather would not get everything under the intestate statute. The children of the mother have no basis unless they have a basis under the intestate statute (if no will).
0 upvotes
Marissa Soto ·
The step-father's assets, including those he inherited from his late wife, will all pass according to either (i) his will if it is probated, or (ii) if no will is probated, per intestate statutory scheme. I don't know what the specific intestate laws are in Colorado so I can't speak to how things would pass on that front, but if there is no real basis to contest the step-father's will naming the niece, then the will should be probated.
0 upvotes
James E MitchemEstate Planning AttorneyDenver, CO ·
I agree with the statements of the other attorneys, but there is something wrong in your story. The step father should not have inherited all of your mother's property unless she had a will that disinterested you and your siblings or your mother put all her property into joint ownership with your step father. It might be worth while to meet with an attorney to review the whole set of circumstances.
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Douglas Holden ·
Once it is established that the property from your mother belongs to the step-father, it is his property. Since it is his property, when he dies it belongs to his estate and his heirs are entitled to it. Sorry. I hope this answers your questions. Best regards, Doug
0 upvotes

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