Dear Penny: My Stepsons’ Father Died Without a Will. His Wife Isn’t Sharing The Money He Left Behind. What Can They Do?
My three stepsons lost their dad suddenly. He left behind over $1 million in assets. He was financially astute but did not leave a will. The wife, who already has three pensions, says she doesn’t know what she will need in the future, so she is not willing to share the inheritance. Do his sons have any recourse?
— Concerned Stepparent
Dear Concerned,
How estates are handled varies from state to state, so the most important thing your stepsons (and a representative, if they’re under 18) can do is speak with an estate attorney in their state. That person can consult on their rights and options, and act as a mediator in conversations with their father’s wife if they want to avoid going to court.
They likely do have recourse, though.
Without a will, there are generally assumptions about how an estate is passed on, and a surviving spouse is a commonly assumed heir. It sounds like their father’s wife is not their mother, so they might not inherit any remaining assets after her death, which would cut them out of their father’s estate entirely.
If they have reason to believe their father wanted them to inherit at least part of the estate, they could make that argument in mediation or court. The executor of the estate is required to carry out the deceased person’s wishes, not choose what they prefer to do with the estate. Your stepsons could present the argument that their father wished for them to inherit the estate and negotiate a share for each of them. This argument will be much stronger if they have written or recorded evidence of those wishes, even if it’s nothing official.
Alternatively, they might be able to negotiate with their father’s wife to include them in her will to ensure they inherit the remaining estate after her death. A person is entitled to write their will as they please, so they can’t require her to include them. But they could try to come to an understanding as a last resort if they’re unable to recoup any of the estate now.
Dana Miranda is a Certified Educator in Personal Finance® and author of YOU DON’T NEED A BUDGET. She writes Healthy Rich, a newsletter about how capitalism impacts the ways we think, teach and talk about money.
