What to do if my father died 5 months ago and my stepmom did not let us know that my dad didn’t have a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my father died 5 months ago and my stepmom did not let us know that my dad didn’t have a Will?
We found out she has been selling and giving his things away. She tried to title a car that was in his name and DMV said she must have our signatures to change anything over. That’s when we found out. What should we do to handle our dad’s affairs before she gets rid of everything? She mislead us and acted like dad had a Will
Asked on August 10, 2014 under Estate Planning, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
In your state, when there are children and a surviving spouse who is not the children's mother (i.e. a step mother), the children get a share of the estate. You should hire an attorney, who can bring a legal action to get a court order to stop your step mother from disposing of the estate; to get an administrator appointed to distribute the estate properly; and to possibly also sue your step mother to recover the value of anything she has improperly taken, if it is no longer possible for you and your siblings to get the share to which you are entitled.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.