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Stepdad said he'd rather pay me than pay a caregiver, he didn't. Instead he forced me to leave upon her death saying I can't live there. He has always said I could stay as long as I need. It changed when she died. I lost everything to care for her full time which I would do anything for her anytime but I never had any help or a day off causing extreme mental and physical fatigue and injuring lower back while he ran their antique business and leave everyday up until the day she died. She had no Will but built that house with him valued at $300,000.00 and is on the deed as "Husband and wife" plus she owns significant amount of antiques and household furnishings and her car (but title in both names) i feel im entitled to one half of her half of estate or paid for 6 months of live in caregiving. I have records of medication times for that long plus hospice knows all too well who her caregiver was. Attorneys usually want an upfront fee and legal aid told me I needed to have been given an eviction notice for them to help.

Check the deed as to whether is is Joint Tenancy with Right of Survival, or Tenants in Common. If it's JTROS, then your stepdad does inherit her share. But if it's Tenants in Common, you would get a portion of her half, as dictated by your state's intestate laws. Your stepdad would then have to buy out your share to stay in the house, or sell the house and give you your own share.

Are there any other accounts that were in her name only? Bank accounts or savings accounts or investment accounts? If so, without a will, you would get a portion. Did she have any retirement accounts or life insurance accounts that she might have listed you on as a beneficiary before she married your stepdad, or as a co-beneficiary with your stepdad?

Since she didn't have a will, someone needs to go to the probate court and be appointed as her personal representative to settle her estate. Has your stepdad done this yet? If so he is required to present to the court a list of all her assets. These will be public information.
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Reply to MG8522
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I beg to differ about her not being entitled to anything. There is no Will so Mom died in testate. Depending on her State she gets a % of her estate. She won't get half I don't think but she is entitled to something. She needs to go to Probate and see where she stands. There is legal aide.
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Reply to JoAnn29
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I’m sorry your mother didn’t legally look out for you and for your loss. Stepfather unfortunately holds the legal power now as they were joint owners on their home and car. It’s very normal for a married couple to inherit the other’s assets when one dies. Your mother may have believed her husband would treat you well, but she failed to legally formalize her wishes. I’m again sorry this happened to you and hope you can move forward in healing and peace
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Reply to Daughterof1930
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WHo is "he"? Apparently not your Dad? If so, I would still pursue the legal route since you are a biological child, an attorney in one consult can tell you if you have a case or not. See an elder law attorney - they may not require a retainer.

If "he" is your Father then I doubt there is anything you can to reclaim anything in the house except your own stuff. FYI that is your legal residence and he will need to go through a legal eviction process to force you out (which would buy you at least 30 days from the date he posts the notice at the house). Even is he threatens to call the cops today they cannot kick you out, it's your legal residence and there's no eviction posted.

The person to be angry with is your Mother. She tied herself to a creep and didn't make any better plans for her care or your inheritance. Everyone was operating on assumptions and this is always a problem.

See if you can just get a consult with an elder law attorney asap.
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Reply to Geaton777
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Unfortunately you do not have any rights to any portion of your mom’s estate unless there was a will that named you as a beneficiary. And you also don’t have any other rights with no contract as stated already. Your step dad is a snake and did you wrong, big time, but there really isn’t anything you can do to make him pay at this point. I’m so sorry.
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Reply to ShirleyDot
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I can't tell you how long I have been on this Forum but it has been at least 15 years (wow that is a long time)
Sad to say a story like yours is not unusual. I wish it was.
Unfortunately there really is not much you can do at this point.
I can tell you all the things you should not have done but why? You know now that you have made a massive, expensive, heartbreaking choice.
I can tell you that probably no attorney would take your case. Not because they would want payment up front (most attorneys if there is a case to be won that will generate a cash award will take their payment as a % of what is awarded)
You have no signed contract
If a "promise" was made if it is not in writing IT DOES NOT EXIST
I hope that you are in a safe place.
Legal aid is correct that you should have been "legally evicted" not just told to leave.
You established residency and legally you had every right to remain in your home until a judge told you that you had to move. And generally an eviction will take 60 to 90 days to get to court and the judge will generally give 30 to 60 days to vacate the property. And your belongings can not be removed or locks changed until the date given by the court.
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Reply to Grandma1954
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My neighbor was in a similar situation. The main things one can do is secure assets in writing while your person is still alive, or utilizing tenancy laws to not leave until the heirs pay you off. As it is, there’s very little to do here but to forget about stepdad and the assets he’s now received.
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Reply to PeggySue2020
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