#StepfatherPassedAway #UnexpectedLoss #ProtectingMyMom #LegalAdviceNeeded
Hey there, first of all, I just want to say how sorry I am for what you’re going through. It sounds like such a tough and confusing situation. 😔 You’re definitely not in the wrong for wanting to protect your mom and make sure she’s taken care of during this time. It’s totally understandable to feel overwhelmed and unsure of what to do next.
It sounds like you’re doing the right thing by seeking legal advice. It’s important to make sure that your mom’s rights and the terms of the will are upheld. You have every right to be cautious and to want to ensure that your mom isn’t taken advantage of.
In situations like this, it’s best to consult with a lawyer as soon as possible. They can guide you through the steps and help protect your mom’s interests. It’s also a good idea to gather any important documents or information that may be needed in the legal process.
As for telling your stepfather’s daughter not to come over, you have every right to set boundaries and ensure that the situation is handled in a respectful and fair manner. It’s a difficult time for everyone involved, but it’s important to prioritize your mom’s well-being.
I hope things get sorted out in a way that is fair and just for your mom. Keep reaching out for support and advice from trusted friends, family, and legal professionals. Take care of yourself during this tough time as well. Sending you lots of strength and support. 💕
Firstly, what does the Will say? Who does it list as the executor? And what assets does it leave to your Mom, is she the main beneficiary? Who’s name is their house in?
Whoever the executor listed in the will is, is the person or people in charge of carrying out the wishes in the will. I’d be taking copies of it immediately, in fact I’d go and get certified copies too. If his daughter is executor, you won’t have any choice but to give her the Will.
Despite whatever his will may say, your mother is entitled to 1/3 of his estate which passes through probate in Maryland. Any accounts such as bank accounts or retirement accounts may pass without probate to designated co owner or beneficiaries, but even if the will says otherwise, she can elect to take a 1/3 share. You will need to consult an attorney to start the process.
Hire a probate lawyer. Do what he tells you.
In addition to other advice, the daughter has no right whatsoever to enter the house without permission from either you or your mother. If she tries, tell her to leave. If she won’t leave, call the police. Then call the police every time she shows up.
Beyond that, as others have said, you need an estate attorney.
She can’t take anything until the will goes through probate.
Change the locks if possible or find someone you trust to stay in the house whenever you are not there (especially when meeting with funeral home and during the funeral). The Executor of the estate will be named in the will. Executor is the word you are looking for as they are the one with the responsibility to carry out the terms of the will AND they are the one responsible for protecting and preserving the estate as things are sorted.
Take the computer, paperwork and whatever is at risk and store safely somewhere else (off the property) she wont know to look. Then it doesn’t matter if she comes storming in, there will be nothing she can do. It gives you and your mom some peace of mind while you figure out how to go about the process. If you want to be nice, make a copy of the will and give that to her if she pitches up. Don’t be bullied and don’t back down. People can behave terribly when someone dies.
Be sure to make copies of all the paperwork you have in your possession!!
In a lot of states real property transfers to the spouse when a spouse dies. Check with a lawyer. Hide his stuff till you sort it out because his daughter probably has no right to it.
Next time your step-sister attempts to contact you, let her know that you will provide her with the contact info of the attorney once you have hired one.
Beyond that, the only communications with any relative should be to simply communicate the final arrangements and services.
I would venture a guess, given that your mother and step-father had shared assets, if there was a will, she would have been included in the process of preparing the will. If there is a will that predates the marriage, you will want to ask how it will affect probate. You will also want to ask about the daughter taking the car. Technically, the car belongs to the estate and she can potentially get into trouble for taking it. The same applies to his computer, phones, etc.
I wish you the best of luck. It is an overwhelming process, and takes FOREVER.
The reality is, there is very little his kids can do, until probate is started. We are currently working through probate for a relative’s estate. It was 4 months after his death before the courts even signed off on starting the process. We are 7 months in and still working on getting accounts transferred, assets liquidated, debts paid, and so on. We anticipate 18 months before everything is finalized and we can disperse out any inheritance to the beneficiaries.
I’m going thru this in MD.
Even with a will you need to enumerate everything, see what accounts your mom and him shared, and then you can talk will.
There is a very clear order in process in how it trickles down as probate is in process. This will take at least six months before you can talk will (again I am in the thick of it).
Hopefully he indicated who will be the executor, I believe if there are stresses you can have the state do it, but I’m not 100% sure.
As for your step siblings being names beneficiaries, when you submit proof of death to those companies, they will send it to the most up to date names. Everyone, take this as a reminder to check this out. If there is a beneficiary named, it doesn’t go to probate. Typically these are IRAs and Life Insurance.
Nothing can happen til a death certificate comes through, and then you need to go through the county. I would suggest going in person as much as you can to the register of wills, I was able to fix errors a lot quicker.
But OP, stop and take a breath. Keep the safety of your family at the foreground. You’ve been through a traumatic few days and you need to give yourself the space.