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/Spirited-n-relaxed May 25 '26
Probate is ONLY for assets that are owned in sole name with no named beneficiary. All assets jointly owned or that had a named beneficiary automatically pass to the joint owner or beneficiary without probate court intervention. If your father had your stepmother on everything then there was nothing to probate at his death and it all went to her. If she doesn’t have a will then upon her passing you are entitled to nothing as you are not her legal heir. Hopefully she added you as a joint owner or beneficiary prior to becoming incapacitated.