Legal question: probate?

[melmar136]

It all started when I asked this question on the DVC boards:

My mother and step-father bought a DVC...must have been the late 90s. (found out later it was 2002) My mom passed away in 2003. To make a long story short, I no longer have contact with my step-father.
I do know that my name was on the deed to their DVC. Do I have any rights as far as using it, etc?

He has been using it, and he has been the only one paying fees up until now, since I didn't know I had any rights to it before. Now that I know, I would like to use it, and would also pay half of the fees in order to do so.

What I really wanted was to buy him out of his half of this, so as not to have to deal with him in now trying to split fees/use etc.

I got some good advice on that board, but really need some more info now. I had an appointment with an attorney regarding a different matter today (gotta love how it all piles up at once!) and I ran this situation by him. He doesn't specialize in estates/wills/probate and suggested I find someone who did. However, he did ask if my mom had a will. I really don't know. He also asked if any of her estate went through probate. I don't think so...would I have found out if it had?
I probably should have gotten a lawyer way back then, but was so upset in losing my mom, how things happened with my step-father afterwards, etc. I also assumed that unless she had my name on anything, it would all go to my step-father anyways. The lawyer said not necessarily.

In one way, I would love to try to get some of her things, especially if I found out she did have a will. He wouldn't let me have any of her things (even hid some things she told me she wanted me to have). He even has her ashes.
I guess I just don't know what to do at this point, except to find a lawyer in this area. I just don't want to have to spend a lot of $ and just wind up totally frustrated, and have him get to keep everything anyways....

Any advice would be greatly appreciated!

 

[msmayor]

You already answered your own question: find a lawyer to help you, one who has expertise in this type of matter and knows the laws of your state.

Its going to cost you money. There is no way around it. Its the only way to know for sure that things either get settled properly or whether they were settled properly.

 

[golfgal]

A lot would depend on if they were also both on the DVC. If he was NOT on there, then legally it is YOUR property and SHOULD have (probably) transfered to you upon your mother's death without probate depending on how the contract was written. If he was on there, then you both should have had it transfered to you if it was a TOD contract.

It gets sticky with step-families--often biological children get unintentionally disinherited because in so many states the property transfers to a spouse-a step-parent in this case and you have no legal recourse to get anything without a will. EVERY blended family should get a will drawn up and review beneficiaries on all life insurance policies, retirement accounts, etc.

There is a good chance that if she had any of this before she remarried YOU might be on these too.

 

[snarlingcoyote]

It all started when I asked this question on the DVC boards:

My mother and step-father bought a DVC...must have been the late 90s. (found out later it was 2002) My mom passed away in 2003. To make a long story short, I no longer have contact with my step-father.
I do know that my name was on the deed to their DVC. Do I have any rights as far as using it, etc?

He has been using it, and he has been the only one paying fees up until now, since I didn't know I had any rights to it before. Now that I know, I would like to use it, and would also pay half of the fees in order to do so.

What I really wanted was to buy him out of his half of this, so as not to have to deal with him in now trying to split fees/use etc.

I got some good advice on that board, but really need some more info now. I had an appointment with an attorney regarding a different matter today (gotta love how it all piles up at once!) and I ran this situation by him. He doesn't specialize in estates/wills/probate and suggested I find someone who did. However, he did ask if my mom had a will. I really don't know. He also asked if any of her estate went through probate. I don't think so...would I have found out if it had?
I probably should have gotten a lawyer way back then, but was so upset in losing my mom, how things happened with my step-father afterwards, etc. I also assumed that unless she had my name on anything, it would all go to my step-father anyways. The lawyer said not necessarily.

In one way, I would love to try to get some of her things, especially if I found out she did have a will. He wouldn't let me have any of her things (even hid some things she told me she wanted me to have). He even has her ashes.
I guess I just don't know what to do at this point, except to find a lawyer in this area. I just don't want to have to spend a lot of $ and just wind up totally frustrated, and have him get to keep everything anyways....

Any advice would be greatly appreciated!

Go to Findlaw.com and start reading up on the laws of your state. The way it works in Louisiana is different from how things are in Georgia and this will all be different in Massachussetts as well. Your best guess is to start reading up on the laws of the state of Massachussetts and asking advice of a someone on a legal board, not a Disney board, then decide if you want to talk to an attorney.

 

[lpereira]

Before you start spending money on an attorney. See if her estate was probated. If worcester county doesn't put its records online then you'll have to go there. Take that with you to see the attorney. Statute of limitations applies so your first question after you give him your documents is can you still file a claim. The dvc stuff is probably a separate monotone matter if it was jointly deeded. Again the attorney will know those answers.

 

[AuntBJ]

Did your mother and step-father live in Massachusetts? If not, you need to to contact an attorney in their state of residence regarding the probate of your mother's estate. Even so, the DVC property will be governed by Florida's laws so you may need an attorney there also.

Also make sure you find out as soon as possible. For example, in South Carolina you only have 10 years from the date of death to probate an estate. After that it is more involved (a/k/a expensive) to settle a deceased person's property.

 

[MichelleinMaine]

I don't know a whole lot about probate (other than we're dragging through it with MIL's estate as well) but DH was sent documents that he was a party in her probate documents.

That said, things that were joint (in our case, she had bank accounts joint with my BIL)- are NOT listed as assets on probate documents because there's nothing to be settled. (Point being, if you're a joint owner, there may not have been reason to contact you as far as the estate was concerned.)

The county where MIL lived has their court records online. They aren't incredibly detailed, but would give you a heads up on if it went to probate and who the attorney was.