Q: Stepdad deeds property to foster son who dies before him, his wife lives there, mom dies. No wills. Who can claim?
No wills were made for any of them. Foster son's name is still on property. Stepdad was in convalescent home, had dementia when deed changed and died in 2016. His foster son (my brotherinlaw, who has 1 son with my sister, 3 kids from another marriage and my niece, who isn't biologically his) died before my mom and stepdad in 2014. My niece, brotherinlaws stepchild, had power of atty on my stepdad (who was my fatherinlaw prior, I married stepdad's deceased wifes real son (and we have one child together, and he has one child from prior marriage, we are divorced), my x and my brotherinlaw were foster brothers. My mom hires atty to get my niece (my sisters biological child) off their accounts as she was stealing all their money and savings. Mom upset husband didnt tell her about deed. Mom said Attorney said property goes to her but my mom is too sick by then to fight in court and died in 2018. No mortgage owed on property. Who can claim inheritance on the property?
A: This is complicated set of facts and beyond the scope of basic legal questions that can be answered in this forum. You need a personal consultation with a probate attorney, who can look at the chain of title and review all of the facts. It might be the correct remedy it a quiet title action to void the deed to the stepson if indeed your dad did not have legal capacity at the time he signed the deed. After that, who inherits depends on facts that are not stated, such as whether the house was his separate property or community property and who else survived him in addition to his wife.
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