Q: Mother died without will and had land with deed in her name only, given to her as gift by her parents.
She lived on property with my step father and I understand he is homestead there as long as he wishes which is not a problem. I am just concerned about him possibly giving his portion to his children. My understanding is that anything acquired even during a marriage as gift or I heritance is separate property. And also since he is my stepfather that he is only entitled to 1 half of community property. Is this correct?
A: Yes, your understanding of those things is correct. I think you are right to be concerned, so you should absolutely reach out to a probate lawyer soon.
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If your mother died without a will and owned property that was titled in her name only, it would be considered part of her estate and subject to distribution according to the laws of intestacy in the state where she lived.
In most states, if a person dies without a will, their property will be distributed to their heirs according to a statutory formula. This formula typically gives priority to the surviving spouse and children.
If your stepfather was married to your mother at the time of her death, he may be entitled to a portion of her estate under the laws of intestacy.
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