Death of Mother. Stepfather living on property per will?
My mother passed September 8, 2006. Per her will my stepfather is living out his days in her house. Who knows how long this will be. The will appears to list him as the executor of the estate. Where does this leave my brother and me as we will eventually have to settle this between ourselves. Can my stepfather sell the house without consulting us? What rights do we have concerning my mother’s will? We never received a formal reading of the will after her death. Is there a time limit for this? I can’t get hold of him by phone. I live in Omaha, NE so I can’t just hop in the car and make a quick trip. My brother lives in Houston, TX but has a full life and is not too concerned with this matter. Please advise in this matter. I have written the lawyer who filed the will but never heard back from him. There is the house, the land and other antiques and possesions inside to consider. Thank you
A formal reading of the will is not a necessary factor to winding up an estate.
If your stepfather is sole executor then you should be corresponding with him. If he had the estate probated then you should be able to get a copy of the will from probate court.
Assuming the house was a matrimonial home then your stepfather has possessory rights to it until the time of his passing. You may also find that he inherited the house as heir-at-law or as named beneficiary.
Your first step is to get a copy of the will. That should answer all your questions.
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