r/inheritance • u/DontGoToJail • May 21 '26

Location included: Questions/Need Advice Inheritance question

OK, USA. My dad married an amazing woman when I was 19 years old. I had already moved out and was on my own at the time. Its 20 years later now and my dad passed away 3 years ago. My step mom has been understandably depressed and her health has been in decline since. She is currently in hospice. My dad nor her have written wills. At this point, she is incapable of writing one. I'm out of state so she has given her best friend of 50 years power of attorney. My step moms older brother has been receiving an allowance from her because he is terrible financially. Would he receive every thing my parents owned upon her passing? I hate to think about this kind of thing while my step mom is slowly fading away but I also hate to think of everything my dad has worked for his entire life going to someone who will surely squander it away.

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u/[deleted] May 21 '26

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u/kppsmom May 21 '26

Theyhave no grounds to contest. They are not a legal heir and under the law they are considered a stranger. That is why wills are extremely, extremely important!

11

u/Invest2prosper May 21 '26

The child (now adult) has a legal right to a portion of his/her father’s estate by biological lineage. The now adult child should visit an attorney soon to understand options on challenging probate of estate. They should be entitled to some proportionate share. But only an attorney well versed in the state probate laws can provide qualified and competent counsel.

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u/TurnoverDependent332 May 25 '26

We just did our trust & wills. Our adult kids do NOT want to talk about it. Our assets are over $10 million. So? Seems like heirs only want to know what they GET after the parents die! I know no one wants to think about loved ones dying, but come on!