divgradcurl.... please look...

[StarsMoon]

What is the name of your state?What is the name of your state? Fl.

My mother posted a question listed as "need answers quick..". What's going on here is that my stepdad is having some tests done to his heart. Mom and SD (of 14 yrs) have never had a will made up. Now with SD going for tests, he is talking about his son (my step-brother) gets 50% of his estate. And that me and my sibling are to split our mother's 50%.
From what I have gathered from my Mother is that this lawyer wants Dad to do a warranty deed on the house, to his son, so it guarantees him to half of Dad's estate. But what I'm afraid of is that by my Mother signing this paper, she could be giving herself more grief in the long run. Mom was suppose to go with Dad to the lawyer's office but he made the appointment to quick and she couldn't make it. This family lawyer sounds to me like "screw the wife, let me take care of my client and his son". I don't know... but Mom has worked hard with Dad for what they have and I don't want Mom to loss her home because the son gets greedy.
Question is do I advise my Mom to put mine and sibling's name on warranty deed also, so stepbrother can't keep the total estate if something happens to Mom and SD at the same time?
Any x-tra advice would be greatly appreciated.....

 

[divgradcurl]

What is the name of your state?What is the name of your state? Fl.

My mother posted a question listed as "need answers quick..". What's going on here is that my stepdad is having some tests done to his heart. Mom and SD (of 14 yrs) have never had a will made up. Now with SD going for tests, he is talking about his son (my step-brother) gets 50% of his estate. And that me and my sibling are to split our mother's 50%.
From what I have gathered from my Mother is that this lawyer wants Dad to do a warranty deed on the house, to his son, so it guarantees him to half of Dad's estate. But what I'm afraid of is that by my Mother signing this paper, she could be giving herself more grief in the long run. Mom was suppose to go with Dad to the lawyer's office but he made the appointment to quick and she couldn't make it. This family lawyer sounds to me like "screw the wife, let me take care of my client and his son". I don't know... but Mom has worked hard with Dad for what they have and I don't want Mom to loss her home because the son gets greedy.
Question is do I advise my Mom to put mine and sibling's name on warranty deed also, so stepbrother can't keep the total estate if something happens to Mom and SD at the same time?
Any x-tra advice would be greatly appreciated.....

Mom shouldn't sign anything until she really understands what's going on. If she doesn't trust her husband's lawyer, maybe she should go talk with a lawyer she hires herself, or maybe the both of them can simply hire a new lawyer that they both can agree on. This really shouldn't be a big deal, there are a thousand ways to leave your stuff so that everyone gets what they want, but the quick-and-dirty way usually makes more work and grief for the survivors.

Besides, if they've been married for 14 years, it might not be all "his estate" anyway, unless he brought all of the assets into the marriage, and even then your mom may have an interest in the estate. That's why she shouldn't blindly sign anything, and if she needs to hire her own attorney to understand whats going on, well, that's what she needs to do.

There really isn't anything wrong, legally or otherwise, with the stepdad favoring his natural child, especially in your mom and stepdad married after all of the kids were grown, or pretty much grown. But your mom should look be looking out for herself -- she doesn't want to find out that if stepdad dies, stepson owns the house free and clear, unless that's what she wants as well. Tell her to see a lawyer.

 

[StarsMoon]

Thanks for your advice. I printed it out and showed it to mom. She understands it alot better now. Hopefully, soon they'll both be going to see an attorney to get this situated.
Thanks again....