My mother passed away in 2014. My step father, with no children and only one sibling,passed away with no will in 2017. My step father let several people know that he wanted my daughter to get the property. There is no bv will. She was also their caretaker for the past 7 years. She has been living there even after their deaths and paying Bill's but not mortgage. Now there is a foreclosure notice on the property. No payments made since Feb. 2018. Can she or is she entitled to this property?
She is not an heir to her stepfather's estate, but she may have a claim against the estate for the services she rendered. He may have essentially made a "contract to make a will," which could be enforceable.
She should start by initiating, or getting someone to initiate, proceedings for settling his estate, in the course of which this issue might get resolved.
She needs to consult with an attorney who handles estates.
This comment is general in nature and is not intended as legal advice. It does not create an attorney client relationship and obviously is not confidential. You should contact an attorney in your area who can review with you all of the relevant facts and give you specific legal advice.
Just on its face, it is likely that step father's property all goes to his sibling, assuming his parents are no longer alive. I agree with Mr. Minor, however, that your daughter may have claim against the estate for her services and/or for a claim regarding failure to make a will. Regardless, Mr. Minor is absolutely right - daughter needs to consult a probate attorney to understand her rights and options.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
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