Aliquippa, PA asked in Probate for New York

Q: Mom died, stepdad boxing evrrything and refusing to let kids get stuffed promised, like collectables and cars

My friends mom died recently.. It is unknown if a will was filed although her mom said she had one... Her stepfather is a real piece of work, mentally and emotionally abused her (the friend) for all the time she knew him. In the first 3 days of her mothers death, her stepfather has boxed up all of her mothers belongings, refusing the 3 kids (2 from her previous marriage and one shared) the chance to get what was promised to them or let them get what the want for keepsakes, is refusing to produce any will that may have been written, and will not turn over any vehicles promised since... Im asking what should my friend do... She is deaf and needed help asking

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: Unless belongings are titled (like a car), there is no way to prove who owns them in a joint house, so the stepfather will win. A spouse gets the first $50,000 of value in any estate. Nothing you stated adds up to more. Your friend can bring a proceeding to compel production of a will, but unless you have a copy, the stepfather will deny there is one, and you will lose. Promises made outside of a will are not enforceable.

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