Please note that inheritance laws can vary significantly depending on the country and state/province where you reside, so it is crucial to consult with a legal professional in your jurisdiction for specific advice tailored to your situation.
In many jurisdictions, when someone dies without a will (intestate), the laws of intestate succession come into play to determine how the deceased person's estate will be distributed. Generally, intestate succession laws prioritize close family members, such as spouses and children, when distributing the deceased's assets.
In a situation where your mom was married to your stepdad and did not leave a will, the following scenario could typically apply:
Spousal Share: Your stepdad would likely be entitled to a significant portion of your mom's estate as her surviving spouse. The exact portion will depend on the laws of your jurisdiction, but it's common for spouses to receive a substantial share, if not the entirety, of the estate.
Children's Share: As your mom's children, you and your siblings would typically have a right to a portion of her estate as well. The specific amount and distribution can vary depending on the number of children and applicable laws.
Probate Process: In most cases, the estate would need to go through the probate process, during which the assets and debts of the deceased are assessed, and the distribution is handled according to the intestate succession laws.
It's important to keep in mind that if your stepdad owned assets jointly with your mom or was designated as a beneficiary on certain accounts (e.g., life insurance policies, retirement accounts), those assets may pass directly to him outside of the probate process.
In situations where there is no will and the family dynamics are complex, disagreements or conflicts over the estate's distribution may arise. In such cases, it is advisable to seek legal counsel to ensure that everyone's rights are protected and that the estate is distributed according to the applicable laws.
To fully understand the specific laws and implications in your situation, you should consult an attorney or legal professional who specializes in estate planning and probate matters in your area. They will be able to guide you through the process and provide advice tailored to your circumstances.