Family Law Questions? Ask a Family Lawyer Online.
Was the surviving child mentioned in the will and expressly disinherited or was the surviving child omitted from the will? What happened when the surviving child's father died? Was his will probated? How did everything pass to the new wife?
I'd strongly suggest that you take copies of both wills - the father's will (and decree of probate) and the stepmother's will to a local attorney for a consultation. If you don't know who wrote the father's will, call the County Bar Association and ask. Chances are they will know. Hope this helps. XXXXX XXXXX
The stepchild should go file a creditor's claim in the stepmother's probate. The stepmother could not have gotten a deed after the father died (and it is a quit claim, not quick claim) because the only person who could have signed the deed was deceased.
Please, please go take what you have to a local probate attorney. The risk you are running by trying to do this on the cheap is outweighed by what you stand to lose. I understand how much you are trying to get to the bottom of this, and I am afraid that I can't be of much assistance to you via internet. You need a face to face consult with a local attorney. XXXXX XXXXX
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