It is understandably frustrating to be kept in the dark, especially when you are a legal heir. Because you are her biological child, you have specific legal rights to information that cannot be blocked by secretive family members once the legal process begins.
Since the power of attorney (POA) ended the moment your mother passed away, her stepson no longer has the legal right to manage her finances or property using that document. He must now be appointed by a court to have any authority.
Here is how you can get the information you need:
1. Check the Probate Court Records
If there is a will, or if someone is trying to manage her estate (her property and money), they usually must file paperwork with the probate court in the county where she lived.
- Search by name: You can call or visit the clerk of the probate court in her county. Many counties now have online databases where you can search by her legal name.
- What to look for: Look for a “petition to probate will” or “application for letters of administration.”
- Your right to see it: Once a will is filed, it becomes a public record. You can request a copy of the will and the list of assets (inventory) filed with the court for a small fee.
2. Understand Your Status as an “Heir-at-Law”
In the eyes of the law, you are an interested party and must be notified whether she has a will or not.
- If there is a will: The executor (the person in charge) is legally required to notify all beneficiaries named in the will AND all legal heirs (like you) that the probate process has started.
- If there is NO will (intestacy): Your mother’s assets will be distributed according to state law. As a biological child, you typically have a right to a portion of her estate, especially if she had assets that weren’t owned jointly with her new husband.
3. Monitor Property Records
If you are worried about her house, you can check the County Recorder or Registrar of Deeds.
- Property ownership is public information. You can see if the title has been changed, to a trust, for example, if a transfer-on-death deed was filed, or if the stepson is attempting to sell the property.
- If the house was owned jointly with right of survivorship by her and her husband, it may have passed directly to him outside of probate.
4. Demand an Accounting
If a probate case has been opened and the stepson (or someone else) has been appointed as the administrator or executor:
- They owe a fiduciary duty to the heirs.
- You can formally request an inventory and appraisal of the estate. If they refuse, you can petition the court to force them to provide one.
