Q: How do i get the value of my 1/3 estate inheritance from surving spouse who is not acknowledging me?
Can you please advice me on how to handle my deceased (no will left)mothers estate thats supposed to be 1/3 mine and her 7 month of marriage spouse won't acknowledge that and has given and sold most of her items(diamond rings, tanning bed, etc)within 1st week of death while driving her 4 runner truck. How do I get my part of the value of house(138,000 total value)? Please help direct me please
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- Tennessee
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A: You can file your Mother's Estate for Probate as an Intestate Estate. You would probably request to be the Administratrix if you had a good lawyer and wanted to actually go through the Probate process. If your Mother owned the house as a Spouse, then you are not an Heir as the Survivor takes the Fee. But if she was a Tenant In Common or possibly something else, then the Heirs will take which includes her surviving spouse. Hire a competent attorney to look into what might be there.
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