Death of Mother. Stepfather living on property per will?
Answers:
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.
Probate issue, sounds like proper notices were not done properly. You need to have an attorney contact the attorney for the estate of your mom.
You need to get a copy of the will to determine terms and heirship. It appears, from what you indicate, that your mother willed to your stepfather the right to live in her home until his death. That being the case, that part of the estate cannot be settled until he passes away. The home will remain in the ownership of either the estate or the heirs to the estate, and he will be allowed to live there.
As far as contents of the house, you also need to check the terms of your mother's will. Are you certain that you were mentioned in the will at all ? Generally speaking, those who are involved in a will are contacted by the attorney handling the estate. Perhaps your mother left her earthly possessions to your stepfather ?
You need to hire a good Probate Lawyer in the same town as the property in question. You don't have to be in the same location
Unless you are names in the will there is no reason why you would have a copy. YOu apparently know what it says, I am not sure what you mean by :"formal reading". Your rights are pretty limited if your mother made her executor as he is also the nest of kin and anything not willed to someone else would be his as her husband.
No formal "reading of the will" is required in most states, the executor and anyone named in the will would be notified by the attorney who is handling her affairs.
You seem to know some of the contents of your mother's will, where did you obtain this information? You need information on whether the step-father was deeded the house, or was given a life estate.
It is quite possible that you were not named in the will and you have no "rights" in the estate, unless you step-father names you in his will. Have you tried talking to him about this?
The first poster is correct, this is a probate issue.
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