Your question is better asked of a probate or estate lawyer. Also an attorney would need some specific facts so they could give you the best legal advise. I suggest you consult a probate or estate attorney right away.
Not enough facts to respond to. Certainly the bio-mom's kids would have been affected by their mother's estate planning or lack thereof. But none of that info is on display and speculation won't help....so. go and see a probate attorney immediately and make sure to bring any and all documents that might relate to bio-mom's estate, etc. Good luck.
Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)
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My colleagues are correct--this is more of a probate matter than a family law issue, and even then, more information must be provided to the attorney you consult with--who owned the house, when was it purchased, who was on the deed, how was title to the property taken.
If the title was taken by the both of them, and there is indication on the deed that the property was taken by X and Y, husband and wife, tenants by the entirety, the reality is that upon your mom passing the step--dad would remain the sole owner of the property, and upon his passing, title passes by operation of law to his heirs. The homestead residence doesn't even pass through an estate.
If your mom owned the house before the marriage, and your mom did not transfer title to his name, or to both their names, then it is a whole different scenario. In that situation, your step-dad would be permitted to live in the property until his demise, then the property goes to your mom's heirs.
Then there can be claims of title being transferred during the marriage but to be held in trust.
So, this is way toooo specific to be handled on an Avvo question; a face-to-face meeting with a probate attorney is what is needed.
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This problem of unintended beneficiaries and accidental disinheritance in blended families is a common estate planning issue that we address for our clients. The mother's kids really should inherit a share of the house, morally; but if there was no Plan in place, this is what can happen. You can address this with the stepfather's children to see whether they will do the right thing; but I don't think there is a legal ground to stand on to force it.
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