West Palm Beach, FL asked in Family Law, Real Estate Law and Probate for Rhode Island

Q: I just got a call from my stepmother in R.I who married my father a few days before he died asking me to sign papers ...

She stated the papers would be emailed to me since I live in Florida and can not be at the closing and i would be signing over my rights to the house so she could sell it...She had stated shortly after his death there was no will and nothing was left to me so why would i need to do this? She has put the house on the market, sold his coin collection, and other items in the house that she did not want as well. My father had asked for my social and daughters social to give to a lawyer a few years before his death for a will but i have no idea what to do!

1 Lawyer Answer

Ben F Meek III

Answered
  • Probate Lawyer
  • Oklahoma City, OK

A: If your father died without a will, his wife and his children would divide his property among them according to the state's laws of succession. In my state, for example, the wife would take half and his children would split the other half. Thus, in order to sell the property, the wife would have to have the consent of the children. Be careful that what you signed isn't some sort of waiver or assignment of your interests in the property, but merely a consent to sell it and to receive your portion of the proceeds. You should consult an experienced probate lawyer in your state to review what you're being asked to sign and what exactly are the respective interests of the wife and children in all of your father's property -- both real and personal. Many lawyers offer free initial consultations. Good luck.

PS: My comments here are for general information only and are not legal advice about your particular situation nor do they create an attorney-client relationship between us. Consult a lawyer in your state for legal advice.

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