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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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My friends step father died then 7 months later her mother

Resolved Question:

My friends step father died then 7 months later her mother died. he stepfathers assets were not probated to her mother nor was everything put in her name although she was his only heir. Question? does her stepfathers property ( bonds Accounts ect) have to go through a separate process or dose his assets go directly into her estate?
Submitted: 1 year ago.
Category: Estate Law
Expert:  John Elder replied 1 year ago.
Welcome! Thank you for your question.

I am not sure I understand. You state that the stepfather died 7 months after his wife.

You ask if the stepfather's assets go to the step mother's estate?

Please restate your question because that would not make sense.

Please tell me what children did the stepfather have and did the stepfather have a will?

What children did the stepmother have and did she have a will?

Please confirm who died first.

John
Customer: replied 12 months ago.

The state is North Carolina, step father died 7 months before the mother, he had no children. the mother died before his assets could be put in her name. She was his only heir. The mother has 2 living and 2 deceased children. there is not question about their status.


There is no question about who owns the properties. The question is : how do the properties pass to the deceased Mothers estate some of them are still in her husbands name?


example, stocks ,bonds other liquid assets and personal property.


The Mothers estate has been in probate for a year, nothing has been done with these things. The stepson administrator is manipulating the estates for his own personal gain, He also coerced his mother ,who was diagnosed chronic Alcoholic, into pass most of her liquid assets directly to him as a beneficiary . anyway that is another issue. TX

Expert:  John Elder replied 12 months ago.
Thank you for the clarification Charles.

There would need to be an estate opened in the step father's name. This would require someone, could even be a stepchild to go to the probate court in the county where he died. The administrator of the step father's estate would collect the assets of the step father, pay the step father's debt and distribute all remaining assets directly to the estate of the step mother.

Once the assets have been distributed to the estate of the step mother they are in the control of the stepson. If the stepson is not acting in the best interest of the heirs of the stepmother then the heirs can file a petition to have the stepson removed as administrator and request the court appoint a new administrator. The court can appoint a different heir or possibly the public administrator if everyone is fighting.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Thank you,

John

John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
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