What can I do about if my brother and sister are taking all om our late mother’s possession?

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What can I do about if my brother and sister are taking all om our late mother’s possession?

My mother passed 6 years ago. My stepdad just passed away and my sister and stepbrother are taking everything. Is there anything that I can do?

Asked on January 30, 2019 under Estate Planning, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Did your stepfather (the 2nd one to pass away) have a will? If he did, then everything he owed, including what he inherited from your mother when she died 6 years ago, will pass according to the terms of his will. If he named you in the will but you are not receiving what you were supposed to receive, you could bring a legal action (lawsuit) to enforce the terms of the will. If there is a will and it does not leave anything to you, then you have no right to anything.
If he died without a will, his "estate" (what he left behind) passes by "intestate succession," or the rules for who gets what when there is no will. You would not inherit anything if there is no will, since only biological and adopted children, not stepchildren, inherit when there is no will.


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