My stepmother wants me to give up my rights to my father’s property. What is it now?

This is where things get complicated. My father had no will. I understand that I have a right to at least some of my father’s personal and marital property. His uncle shared his interpretation of the law with his stepmother, and her stepmother asked me what I thought. I told her to hire her lawyer to figure everything out for her. Because I only know what I can see online and I am not an expert.

Yesterday, she contacted me saying she had drawn up a will and that I would receive a quarter of her estate and her three children would get the remaining three quarters. “This is what your father would have wanted,” she expressed. She then told me that her own lawyer would send me a letter waiving my rights to her father’s property.

‘We are not close’

I have never agreed to sign anything and I do not know the full value of my father’s estate. She immediately moved on to a new topic, and I didn’t feel comfortable pushing the topic without further research to understand my rights. I don’t like to make waves and am generally the type to give in to keep the peace.

How do I ensure that my stepmother is financially supported without completely giving up my rights to my father’s property? She lives on the other side of the country and honestly I will never see her or her kids again. We’re not close and this isn’t “The Brady Bunch.” We were never a blended family. I told her to consult her lawyer.

My stepmother is in her 60s. She may remarry and become a victim of her scammers, or even fall under the influence of her family who will try to take advantage of her. I don’t feel comfortable signing away my rights and crossing my fingers that everything will be fine when she leaves her world. This is not the first death in our family and it will not be the last.

Death and money bring out the worst in people. Any suggestions on how to handle this issue elegantly?

stepson

Dear stepson,

The only way to handle this gracefully is to make sure you both follow the rules, namely Texas’ will laws.

Your stepmother has clearly proven that she cannot handle this gracefully. Your father is trying to take advantage of your good character by insisting that you sign a letter giving up your rights to his property. You are your father’s only daughter, and he doesn’t know what he wanted. Her stunt offers an estate planning lesson for all of us. Sign your will to prevent this kind of 11th hour shenanigans.

Do not sign any letter from your stepmother’s attorney. If she had intended to divide your father’s property fairly and equitably she would have done so now and she would not have asked you to give up your rights. As you said, wills can be changed. And if I were a gambler, I would gamble that she will either not write such a will or she will write one that will give you leverage and change it immediately. If this doesn’t work, expect her to do more of her emotional blackmail.

Your stepmother does not believe it is her responsibility to take care of you financially. Rather, she seems to think that it is her own responsibility to take away your inheritance, and she can only do this with your cooperation. Likewise, it is not your responsibility to take care of her stepmother. She seems more than capable of doing the job herself. Plus, as you said, she has children of her own.

Texas market law

I think your stepmom knows the Texas kennel laws. Given that your father died without a will and that he had children from a previous marriage, his second wife would retain half of the community property and one-third of your father’s separate property. You will inherit half of your father’s community property and two-thirds of his separate property.

Separate property means anything acquired before marriage and any gifts or inheritances acquired during marriage. Texas has a twist. According to Article XVI, Section 52 of the Texas Constitution, a stepmother has the right to live in the home she shares with her husband for the rest of her life, but ownership of the property is divided. Upon death, in accordance with the laws of wills.

“Intestacy laws generally apply only to assets passed through a will,” according to Roman & Sumner, a law firm based in Sugar Land, Texas. This does not apply to life insurance proceeds, retirement fund accounts such as IRAs and 401(k)s, property held in joint tenancy with a third party, property in a living trust, or payable-on-death accounts. “This type of property passes to the named beneficiaries or surviving joint owners,” the company adds.

As for potential con artists, it sounds like your stepmom would be happy to take on that role. She is either inaccurate or deliberately spreading falsehoods about the fact that if you claim home equity she will be responsible for half of the cost of the home. If she continues to live in the home she shared with your father, she will be responsible for her maintenance, utilities, insurance, and property taxes. As the “remainer,” you are not responsible for these costs during her lifetime.

You can handle the matter gracefully by hiring an attorney and petitioning the court to appoint a conservator for your father’s estate.

If you have any financial or ethical questions, you can email The Moneyist at qfottrell@marketwatch.com and you can follow Quentin Fottrell on X, a platform previously known as Twitter.

Moneyist regrets that we are unable to answer questions individually.

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