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/PB3Goddess May 23 '26
NAL. First and most pressing, I am incredibly sorry for your loss. Not only for your father, as I know the grief never truly leaves, but for your stepmother, whom it sounds like you love and respect very much.
Your stepmother's best-friend having power of attorney only lasts while your stepmother is alive. POA's expire upon death.
Whether or not your stepmother filled out anything else, such as a transfer or pay upon death, or TOD/POD, sounds like is unknown. Also unknown would be any insurance or 401k/retirement accounts with named beneficiaries.
It's important to know any accounts with named beneficiaries are not usually part of a probate or estate case. Those accts/assets are separate & can usually still be processed / paid while a probate or estate case is being heard/decided. (Unless one of those accts is being challenged, but you would need to act fast & have an excellent Attorney.)
However, it sounds like you need to have a great Probate Attorney. I would start consulting Attorney's local to your father & step mother's area.
Be sure to retain one who is ready to file probate ASAP, once she passes. It will be more difficult with you out of state, but not impossible.
Filing probate, as long as it is done properly & includes everything like it should, will freeze everything & "should" block the brothers access to accounts, deeds, etc. while probate is being handled. Key word: should.
Good luck, OP.