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  1. #1
    Join Date
    Feb 2008
    Location
    mississippi
    Posts
    3

    Angry Stepmother Demanding I Give Up My Inheritance Rights

    my father died in nov. 07. he was separated for 1 yr and going thru the divorce, although not final. he was married to this woman for approx 2-3 yrs. . His house is in Florida where the mortgage is paid, but he owes approx 315,000 for 1 and 2 mortgages and debts. I have an original will naming me as benificiary. I am an only adopted child. The wife has set up probate naming herself as administrator of the estate, she has moved her belongings back into the house, and has sent paperwork from her atty. (a real estate atty. neighbor) demanding that I sign it to relinquish myself as an heir. One item in ?? is a motorhome that my father signed over to me prior to his death in aug. 07. does she have any right to claim this motorhome as her possession, as she claims, and is worth fighting her to send the will to probate court or just let this witch handle all the debt and expenses. we recieved a small ins. claim that named me as sole beneficiary which we used to pay for his funeral and expenses. (She did not pay for anything or offer, and did not attend funeral)What right does she have under Florida law? and how can she live in the house if her name is not on the deed and she cannot afford to make the pmts? Should we send the will that we have and who to send it to?? Thanks, we do not know where to start and we are 41/2 hrs. away in ms. HELP!

  2. #2
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Frustrated In Miss

    Are you saying that a probate estate was opened and you did not notify the court that you had the will?

    You could be in very serious trouble.

    Hire a lawyer.

    Yesterday.

  3. #3
    Join Date
    Feb 2008
    Location
    mississippi
    Posts
    3

    Default Re: Frustrated In Miss

    we were served a formal notice filed with the circuit court 3 weeks after his death. we found a will one week ago dated 10 years ago listing me as benificiary, we have no interest in the estate or assets, only the motorhome that was titled to us before his death

  4. #4

    Default Re: Frustrated In Mississippi

    The problem with the motorhome is that anything transferred to a child within one year prior to death can be used in the calculation of the estate for the spouses elective or omitted share. I assume that she has possession.

    Whether you want to claim any of the estate is up to you. Since the divorce was not final, she is entitled to a portion of the estate regardless of the will. I am not up on Florida law so this is subject to correction. An omitted spouse is entitled to one half of the estate, up to 10,000 in personal household items, any cars and a life estate in the house (that means it cannot be sold without her consent).

    Unless the estate is worth more than 400,000, it may not be worth the trouble. The old will may not be valid. You can check with the probate court to see if she has filed one that is more recent. I would assume not since she is asking for your signature. You can also contest her bening named as the PR but you will need to hire an attorney.

    She may give you the motorhome in return for you agreeing not to contest.

    Since you live in Mississippi, there is nothing the Florida court can do if you do not file the will with the probate court.

  5. #5
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Frustrated In Mississippi

    Btw, I highly recommend that you SIGN NOTHING without hiring your own attorney. Even if you reach an agreement with the "witch," your interests will be protected by your attorney, not hers.

  6. #6
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Frustrated In Mississippi

    how can she live in the house if her name is not on the deed
    Who's name is on the deed?

    I'm a little confused...
    His house is in Florida where the mortgage is paid, but he owes approx 315,000 for 1 and 2 mortgages and debts.
    one house with a first and second mortgage correct? If so, how is it being "paid?"

    Get a copy of the will to the probate court ASAP.

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