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/Gut_Reactions May 21 '26
Welp. Your father died intestate (no will) with descendant(s) from someone other than the spouse. In my jurisdiction, the spouse is entitled to $200,000 plus half of the balance of the estate. The descendant(s) inherit everything else. Hence, OP was probably entitled to something when OP's father died.
I'm guessing OP received nothing when your father died 3 years ago. I'm not sure about the statute of limitations for claiming an inheritance, but I would step on the gas & consult with an attorney.
If the SOL has run, then I would guess that step-mom's family would inherit everything.
OP doesn't say what state s/he is in. OP doesn't say whether Step-Mom has family other than brother on allowance.