daughter of a lawyer who passed away an now her step mother owns it show

Who is the sole owner of the property after my mother's death?

If JTWROS, then your sibling became the sole owner upon your mother's death, and the property does not pass through your mother's estate and belongs solely to your sibling. If TC, then one half of the property belongs to your mother's estate and the other half interest belongs solely to your sibling.

What happens when the mother dies and the daughter buys the House?

When the mother passed away, the daughter became full owner, but as half owner, she received only half of the step-up. If she sells the house for the $1 million, she’ll be responsible for $450,000 of gain — a combined federal and state tax whammy of some $90,000, which could have been entirely avoided.

Does my step father have legal rights to my mother's property?

While your step father may have rights to the property, his children do not in the absence of an explicit will by your mother. * This will flag comments for moderators to take action. You need to see a wills, trusts and estate lawyer right away.

What happens to a step parent when a spouse dies?

The deceased spouse may merely trust their partner to respect their wishes. Step parents may have no legal obligation to carry out their partner’s wishes. But where one spouse has substantial assets, estate planning can be difficult. Spouses with assets could set up a trust for their surviving partners.

What happens if your mother owns your house?

If mother "owned" the home with step-father, as husband and wife, or "tenants by the entireties" then the house is his and you and your brother have no rights. Look for this language on the deed. If step -father is not on the deed, you may have some rights.

What happens if my step father doesn't have a will?

However, there are methods which your step-father can get a family allowance and other assets so his amount can be greater than 50% .

What happens if your mother has no will?

If your mother had a will, the terms of the will would control. If there was no will, your stepfather will probably inherit the house. However, depending on the state you live in, you and your brother might have some claim to it. Check with an attorney who is familiar with the laws of the state in which the property is located.

How does my mother's interest in my house pass?

Your mother's interest in the house will pass to the beneficiaries named in her will, if she had one. If not, then that interest will pass pursuant to the laws of intestacy. It is quite likely that you would be entitled to inherit something under those laws. You need to contact a probate lawyer to discuss this matter. It sounds like that your mother's estate will need to pass through probate, which is a court proceeding. I do not recommend you try to probate the estate on your own.

What happens if you don't have a will or trust?

If there is no will or trust, it will depend on how long she owned the home prior to marrying your step father and if they refinanced the house or put community funds into payments on the house. The term of the marriage to your stepfather will also be a factor.

Can you inherit a deceased mother's house?

Yes, you and your brother are the direct heirs to your deceased mother and are entitled to receive equal shares in the house, assuming she did not will the house to someone else, and your step father will have to move from the residence unless you want to charge him rent for his occupancy during the pending probate; you will have to file a petition into probate to obtain title to the house; please obtain the assistance of a probate lawyer, as the possibility is this could get ugly.

Can you be considered heirs in Michigan if you are married?

In that case, it would depend on your stepfather's estate planning, if any. If there is none, you would not be considered heirs under Michigan law.

What happens to Janet's house when she dies?

When Janet dies the house is sold. Sale proceeds are divided only among Don’s children. Janet’s family members will not receive anything from Don’s wealth. Trusts attach strings to control Don’s assets and trusts can also support Janet while she is alive.

Do blended families have estate planning issues?

As well, there’s the time element—children and relatives may lose their inheritance or wait years to receive it. But no question, blended families have special estate planning issues. These include: One spouse may have all the wealth. Age disparities may create long term support needs.

Can a deceased spouse inherit everything?

That means that a second spouse could inherit everything. The deceased spouse may merely trust their partner to respect their wishes. Step parents may have no legal obligation to carry out their partner’s wishes. But where one spouse has substantial assets, estate planning can be difficult.

Can a spouse leave their house to Janet?

Spouses with assets could set up a trust for their surviving partners. So for instance, Don wants to leave his house to his spouse Janet in a trust. While she is alive, Janet can live in Don’s house rent-free.

Can my sister's bank account be payable on death?

Likewise, if the bank accounts have payable on death provisions to your sister, those accounts will pass to her. You need to find out whether your mother had a will and what it says. You should talk to a local probate lawyer about this situation. The laws affecting this situation are different in each state.

Can a surviving spouse split an estate?

If there are both a surviving spouse and surviving adult children (either by birth or by legal adoption), the estate is split between them. If there are minor children their share is often put into a trust for safe-keeping Surviving step-children usually don't get anything.

Can life insurance be claimed outside of probate?

Such property would be the property of the surviving joint tenant after her death and would pass outside of probate and her estate. Life insurance may be claimed by the designated beneficiary of the insurance policy.

What happens if a stepparent leaves the house?

If he leaves everything he has to the step-parent under the Will, then the step-parent owns the house and you are out of luck. If there is no Will, then the property will pass under the intestate statute, which will award one-third of the house to the step-parent (if your father had two or more children), or one-half of the house to ...

What happens to a house when your father dies?

That depends on how he holds title. If the house is owned solely in his name at his death, then the house will pass under his Will —or by intestate statute if he has no Will.

How to protect your father's trust?

The only way to protect your share of your father’s Trust is for your father to create a Trust that either gives you assets directly at the time of his death, or holds his share of the assets in an irrevocable Trust for the step-parent’s benefit. With an irrevocable Trust, the assets can be used for step-parent’s care and support, but the assets cannot be left to anyone other than your father’s pre-chosen beneficiaries. This is real protection because you can be assured that your share of your father’s inheritance cannot be given to anyone else.

How much of the house does a stepparent get?

Either way, step-parent is going to receive at least one-third of the home—and maybe more. If your father’s house is owned by a Trust he creates with the step-parent, then it all depends on what the Trust terms say. If the Trust leaves everything to the step-parent outright, then you are out of luck again.

Can a stepparent leave assets to a stepparent?

That means the step-parent can do anything she likes with the assets—including kicking you out of the estate plan. When assets are given outright to a step-parent, the step-parent can leave those assets to whomever she likes, and exclude you in the process.

Can you give your father's inheritance to anyone else?

This is real protection because you can be assured that your share of your father’s inheritance cannot be given to anyone else. If, however, your father has not created the right type of Trust that creates an irrevocable Trust after his death, then you most likely are going to be disappointed.

Should my father's assets go to me after death?

That can be a difficult question to answer because it all depends on how your father planned his estate (or how he failed to plan). While you may think that your father’s assets should go to you after death, that may not be the way the law sees it. For example, if your father has a Will or Trust that leaves everything outright to a step-parent, ...

What happens if my daughter sells her house for $1 million?

When the mother passed away, the daughter became full owner, but as half owner, she received only half of the step-up . If she sells the house for the $1 million, she’ll be responsible for $450,000 of gain — a combined federal and state tax whammy of some $90,000, which could have been entirely avoided.

When did Mom inherit blue chip stocks?

In 1974 , when her mother died, Mom had inherited a modest bundle of blue-chip stocks. Largely untouched, and with 40+ years of compounding, they'd grown to the point where some of the positions were more than 90% appreciation.

How long did Glenda Hatchett's daughter in law have a baby?

Hatchett's daughter-in-law gave birth to her second child at 2:33 p.m. and passed away 12 hours later. TV judge Glenda Hatchett’s son is suing the hospital where his wife passed away 12 hours after she delivered a healthy baby boy via C-section.

Who is the plaintiff in the Dixon lawsuit?

Dixon’s husband and two sons are listed as plaintiffs in the suit. Cedars-Sinai Medical Center said in a statement to PEOPLE that they were “deeply saddened by the death and the toll it is taking on her family.

Who is Charles Johnson suing?

In court documents filed March 22 and obtained by PEOPLE, Charles Johnson IV is suing Cedars-Sinai Medical Center in Los Angeles for wrongful death and negligent infliction of emotional distress following the death of his “healthy, vibrant, fun, loving wife,” Kyira Adele Dixon.

Who performed the Dixon delivery?

According to the documents, Dixon’s delivery was performed by Arjang Naim, M.D. , and assisted by Benham Kashanchi, M.D., and her husband was present in the operating room. “The delivery started at 2:31 p.m. Langston Johnson was born at 2:33 p.m. The procedure was completed at or about 2:48 p.m.” the documents read.