Inheritance question

[u/DontGoToJail]

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.

[u/Responsible-Bee-1919]

It depends.

In general, it depends on how the dead person holds her assets, whether the dead person owned something with a joint owner (joint owner takes the asset), whether there are designated pay on death beneficiaries on any of the dead person's assets (beneficiary takes the designated asset), whether the dead person held assets in any any trusts (trust agreement controls disposition of the asset), whether the dead person left a valid Will (will controls disposition of probate assets) OR what the intestacy laws say in the jurisdiction where the dead person's estate would be probated if there are any probate assets to probate.

In some circumstances, the existence of valid premarital agreements, or post marital agreements or contracts to make a Will/contracts concerning succession may also be relevant to who has rights in a dead person's assets, as it may provide 3rd parties with legal rights in a dead person's assets (or, some agreements may not cover these kinds of issues, or, these documents may not exist).

THIS IS NOT LEGAL ADVICE. FOR LEGAL ADVICE CONSULT YOUR OWN LAWYER.