Our Mom [Evelyn] died 5-1-14, Step Dad [Clem] died 4-2-15. Mary and Carol, half bro and sister Roger and Kathy. Kathy is selling furniture, car has gone to her daughter . 8000 to 10000 cash . Kathy plans on selling the house, told Roger, who lived with and was supported by Mom and Clem, to be out by August. No contact with Mary and Carol. [""He was her Dad and the last to died ".] I spent the last 18 years in Texas with Mom [Evelyn] and Bud [Clem] every winter in the same RV park and helped them with shopping , Doctors , meds, Holiday meals and Birthday celebrations so we were close. I tried to get them to do a will but only got a DNR paper signed [thankfully]
There is much more to this story . If there are any more questions contact me
Ronald David WiltonEmployment / Labor AttorneyEncino, CA ·
In short, no. It will be impossible for "Kathy" to sell your mother's home unless "Kathy" is on title. So a probate action will have to filed anyway. Leaving assets without a will does not avoid probate, it merely means the state laws of intestate succession determine where the assets go. It sounds like you need to consult with a probate attorney to sort through this mess and guide you accordingly. There is a cost involved, but that cannot be legally avoided.
In addition to what the other attorneys have said, it is important to understand how (and by whom) the house was owned. I don't think you will be able to sort this out without some legal assistance. It sounds like you should talk to an attorney to help protect your rights.
Property can only be transferred through Probate unless another party is on the title. Items would have passed from your mom to your stepdad without a will. Since it was your step dad, you most likely would not have a direct claim.
You should schedule an appointment with an experienced attorney in your area to review all of the details and options.
Kelly G Lambert III
I agree with my colleagues. More information is needed, here. It appears that Kathy *may be* taking advantage of the situation. She does so at her own risk, because she may be subject to conversion laws which offer up to treble damages. The problem is, it may be difficult to go after her once all of the assets are gone. I think that you need to get a lawyer involved to at least investigate the situation and help you determine title of the assets. No one can legally transfer title outside of probate, unless that person was on the title to the asset. So it appears there may be much more to the story perhaps, than you are even aware of. You need someone to help you get to the bottom of things to determine whether Kathy is acting appropriately or not.
James Frederick
I agree with Mr. Frederick.
You should consult with a probate lawyer in the area where your step dad died.
Usually, in a situation like this, your mom's assets would've passed two your step dad. The assets in the estate should then be distributed equally to your step dad's heirs.
Talk with a lawyer because this can get complicated very quickly.
Donald G. MessingerEstate Planning AttorneySpring Lake, MI ·
More information is needed to assess this. If everything mom owned was held jointly with step-dad, then upon her death all would be owned by him. Separate property in mom's name alone would go to her heirs according to Michigan statutes.
I'm presuming your step-dad got all mom's property. If so, and he died without a will, everything he owned will be distributed to his heirs at law, defined by statute. As a stepchild, you would not have a claim to his estate.
This is a sad, and often repeated, scenario. You should consult with a probate attorney to determine what, in any, rights you may have in these "estates".
It does get complicated depending on other facts. Certainly Roger and Kathy are helped by the fact that your step-father survived your mother and there was no will. You really do need to talk to a probate attorney in your area ASAP.
