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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Estate Law
Satisfied Customers: 11692
Experience:  19+ Years of Legal Practice in Estate Law.
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Both of my parents are deceased. My father passed in Sept.

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Both of my parents are deceased. My father passed in Sept. 2005; my stepmother is still living. I was never notified or told about any will ( my father had cancer so I assumed he had one). My stepmother only asked me to sign away my heirship on one of my dad's cars and a motorcycle. I've never questioned any of it because I assumed all was left to my stepmother. Is it too late to make an "intestate" claim if I find out there was no will? Or try to get a copy of the will? I am an only child. My mother passed 2 1/2 years ago; we found no will even though I had seen one at one time. My stepfather has broken all ties w/ me. I intend to pursue my "intestate" claim of my mother's property.
Submitted: 10 months ago.
Category: Estate Law
Expert:  AlexiaEsq. replied 10 months ago.
Hi, my name is XXXXX XXXXX X thank you for your inquiry. I have been practicing Estate law for 19 years and look forward to assisting you.

Can you clarify: Do you have any knowledge on whether your father's estate was every probated at all? You mention signing away an "heirship". Was this through an attorneys office, do you recall?
Customer: replied 10 months ago.

I assume my father's estate was probated. I cannot find any record of it at the county courthouse. I signed 2 forms relinquishing any claims as an heir for the car and for the motorcycle. My stepmother sold the car and gave away the motorcycle.

Expert:  AlexiaEsq. replied 10 months ago.
Hi again, and thank you for your response. With regard to your provided information:


I assume my father's estate was probated. I cannot find any record of it at the county courthouse. OK, IF it was probated, there will be record in his county probate office. This is because probate is a legal process through the court.

I signed 2 forms relinquishing any claims as an heir for the car and for the motorcycle. My stepmother sold the car and gave away the motorcycle. OK, what is done is done, possibly, with regard to those two things.

Both of my parents are deceased. So sorry for your losses.

 

My father passed in Sept. 2005; Mine in Oct. 2005!

 

my stepmother is still living. I was never notified or told about any will ( my father had cancer so I assumed he had one). As you may know, if there was a will, it would dictate. If there was not a will presented to the probate court, once COULD have probated the estate via the laws of Intestate Succession. Generally, the deceased's children do share to a degree with a surviving non-parent spouse.

 

My stepmother only asked me to sign away my heirship on one of my dad's cars and a motorcycle. Were their any other assets that would have passed into his Estate, that would have to be distributed by Will or Law?

 

I've never questioned any of it because I assumed all was left to my stepmother. Really? You figured your dad left you nothing? (Presuming he had something to leave of value.) Usually parents do take care of the children, at least in principle, unless they are estranged or rather poor.

 

Is it too late to make an "intestate" claim if I find out there was no will? No, unless there already was a probate in that regard. But if there was, it was not handled properly if you, an heir, were not notified and included. So perhaps it could be re-opened.

 

Or try to get a copy of the will? If it is "lost" or missing, that is likely not going to be possible. But if it was filed with his probate court, yes, you can see it.

 

I am an only child. My mother passed 2 1/2 years ago; we found no will even though I had seen one at one time. It may have gotten lost.

 

My stepfather has broken all ties w/ me. Again, you'd have shared in the estate, if she had one of value, with the step father. You can check HER county probate office to see if they have record of a probate of her estate.

 

I intend to pursue my "intestate" claim of my mother's property. First thing to do is check the country probate offices for either parent... then take it from there. It can get pricey, so give some thought as to whether your mother had significant assets that would have passed into her Estate (for instance, life insurance, some bank accounts with survivorship or POD designations, do not) before you decide to retain the lawyer in any expensive way.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

AlexiaEsq., Managing Attorney
Category: Estate Law
Satisfied Customers: 11692
Experience: 19+ Years of Legal Practice in Estate Law.
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