#EstateSale #Inheritance #LegalAdvice #StepMothersEstate #FamilyDrama
Have you ever found yourself in a situation where a loved one passes away, and suddenly there are issues surrounding the distribution of their estate? 💔 It can be a challenging and emotional time, especially when there are disputes over money and possessions. One user shared their dilemma on an online forum and sought advice on what to do when their stepmother passed away, and her biological child kept all the money from the estate sale.
## Understanding the Situation
The individual shared that after their stepmother passed away, their father, who was divorced from the stepmother, decided to sell the house they jointly owned. However, due to being too old to empty out the house, the father made a deal with the stepmother’s biological son (referred to as A) to handle the estate sale. The agreement was to split the proceeds from the sale 50/50 between the father and A.
The estate sale was conducted, but the father was never asked to sign any documents regarding the sale. When the father inquired about his share of the proceeds, A refused to disclose the amount received and refused to split the money. The estate company involved in the sale also declined to provide any information to the father, citing their contract with A.
## Recourse and Legal Options
In a situation like this, it’s important to understand the legal rights and options available to the father to ensure he receives his rightful share of the estate sale proceeds. Here are some practical steps the father can consider:
### 1. Consult with a Probate Attorney
– A probate attorney can assist the father in understanding his rights and legal options in this situation.
– The attorney can review any existing contracts or agreements related to the estate sale and guide the father on how to proceed with a potential lawsuit.
### 2. Consider Mediation
– If direct communication with A has not been successful, mediation may be a helpful approach to resolving the dispute amicably.
– A neutral third party can facilitate discussions between the father and A to reach a fair resolution regarding the estate sale proceeds.
### 3. Make a Claim Against the Estate
– Depending on the laws in the location (in this case, Florida), the father may have the option to make a claim against the stepmother’s estate via probate.
– The probate process can help determine the legal distribution of assets, ensuring that the father receives his rightful share.
### 4. Document Everything
– It’s essential for the father to keep detailed records of all communication, agreements, and transactions related to the estate sale.
– Documenting the entire process will provide evidence to support any legal claims or actions taken to recover the father’s share of the proceeds.
In conclusion, facing issues over the distribution of an estate can be overwhelming, especially when family dynamics are involved. Seeking legal guidance and exploring all available options is crucial to ensuring a fair and just resolution. By taking proactive steps and consulting with professionals, the father can navigate through this challenging situation and secure the inheritance rightfully owed to him.
Remember, it’s essential to address legal matters promptly and seek assistance from qualified professionals who can provide valuable guidance and support during difficult times like these. Stay informed, stay proactive, and prioritize your rights in estate matters. 🏡💼 #EstatePlanning #FamilyMatters #LegalRights
Your dad is in a rough spot, as her ex husband it was likely he wasn’t entitled to anything from her estate anyways. That being said, it sounds like the sale of the items included some of his possessions, is that correct?
He has a claim against the son for the value of his items that were sold. The auction company doesn’t appear to have done anything wrong.
If she has no will (died “intestate”), Florida law dictates that if the deceased has no spouse, her children inherit her estate in equal proportions. If she only has one son, he is entitled to the entire estate. I assume that she doesn’t have a will. In that case, your father does not inherit anything from the estate.
The question then becomes “What in the house belongs to the estate, and what doesn’t?”
By making an agreement with A to sell the things in the house, and split the proceeds 50/50, it seems A has agreed to give up their right to figure out exactly what he is entitled to in exchange for an easily calculated 50% of the contents of the house, some of which he is entitled to, some of which he is not.
Inheritance is not automatic. There is a legal process that must occur for the estate’s assets to be distributed to the heirs, even if there is only one heir. But that’s not your father’s responsibility. It is illegal to sell off the estate’s assets without being the executor of the estate (if specified by a will) or being appointed as administrator of the estate by a court. Probate must be opened or nothing can legally be sold.
Your father has a claim against A for half of the value of the estate sale. Make a reasonable estimate. If the amount claimed is less than $8,000, the suit can be brought in small claims court. Lawyers are optional, but a consultation is recommended.
Regarding the house: if the deed specifies joint ownership with the right of survivorship, your father now owns the entire house. If the deed specifies tenants in common, her share of the house goes into the estate and will be inherited by the estate’s heir(s).
Did your dad own any of the property sold on the estate sale?
What sort of joint ownership on the house did your dad have with her? Was it tenacy in common or joint tenacy with survivorship?
If the contents of the home included your dad’s possessions, then you could try small claims court. Collect any evidence of the agreement he has as well as evidence that your dad was living there prior to your former step mom dying.
Can your father identify any items that belonged to him in his ex-wife’s home? Typically, when people divorce, you take your personal property with you. I’d assume most, if not all, of the belongings in the house were owned by stepmother.
He should focus on selling the house with her son.