need to know who is in the right, me or my adoptive father?

[mercysdaughter]

I live in missouri and her's my dilema:

my mother recently passed, she had no will. My father and her lived separately for more than 5 years, she paid her house off but it was in both their names. She left my father;s(adoptive father)girlfriend who is not a united states citizen 5,000 life insurance, but what really bothers me is my adoptive father and his GF think they are entitled to what's in my mother's house, they think they can make me do an estate sale instead of doing what my mother asked me to do which is take what i needed from the house and sell everything that was left and send my brother in cuba half of what was sold. Also my brother does not know yet that our mother passed. I cant even go inside my mother's house without being hounded about what i found or this or that. what do i do? im lost and want to get this behind me. I had my mother cremated because i could not afford to have her buried. I just thank god she's not in pain anymore and i can have her with me for the rest of my life.

 

[army judge]

May your mother rest in peace.

Was your mother married to this man at the time of her demise?

Dd your mom leave a written will?

How old are you?

How long ago did mom pass away?

The life insurance policy proceeds belong to the beneficiary.

I suppose that is your dad's girlfriend.

 

[mercysdaughter]

she was married but they hadnt lived together since my oldest little brother was around 1 year old. these are his kids with his gf so technically he was committing adultury. She did not leave a will we were going to go do that but my truck broke down after having to pull my adoptive dad's truck through miles of running water because backroads were flooded. I a 35 years of age, she passed away sometime last sunday night or monday, but wasnt found until the 13th of this month, I know the benefefiary is my stepdad's gf but that doesnt bother me, the part that bothers me is she is so greedy that the money mom left her isnt enough, she wants me to sell everything off and let her have 1/3 of it, I get 1/3 and my brother who lives in cuba is to get 1/3. But my mother wanted me to sell what i didnt need out of the house and give 1/2 to my brother and keep the other half. more or less no one but me, and both my children are blood related to my mother at all. the only ones left related to her in cuba are my brother, her three sisters and their children. Im having a hard time because my stepdad's girlfriend called the insurance agency the same day they wheeled her out of the house and to the funeral home. knowing that she was going to get money she did not offer anything to help me with expenses. My mother only left money to her because they talked her into it, she was frail in the end. I live about 45 minutes away and am unemployed, I have to borrow money off my father in law for gas to be able to drive out there. Im afraid they;re going to steal things out of the house, they've been known to before my mother told me so. I wrote a list of what i wanted, it was a small list half a page of notebook paper, things she wanted me to have, her jewelry, not dad's, her furniture, just the ones in the front living room, MY old bedroom set she wanted her chu-chi( my oldest) to have that, Her dolls which half were mine from birthdays when i was small i always had my mother keep them for safety. her clothes which has her wedding dress and mine in there, im donating the rest to people who need it. her shoes, oh my goodness her shoes, she told me yo,(her nickname for me) get all those shoes, they're for you, you better get them out. the china cabinet and the table that goes with it. pictures of MY family in cuba, the picture albums she had of me when i was little, those Im definately entitled to. her dishes and pots and pans that she's had since we'd moved to america, theyd only just throw most of them away. her sheets, bedspreads and comforters and the china that she bought me when i married my first husband. Did i mention that my mother paid her own bills, she paid more than half her house by herself. several people she knew told me your mother wouldnt want your stepdad and that girl to have anything she'd be livid if they lived in her house. she loved her house and she always told me that when she passes it will go to her daughter(me). I had them sign a sheet of paper with my items listed on it. more or less as witnesses. my son signed, i signed, my husband signed, stepdad's girlfriend signed, but he wouldnt sign, not without a paper from a lawyer or a person who does estate sales. so i dont know what to do, am i entitled to ANY of my mothers things that she wanted me to have? the house is full of items and all i want is a small amount of things but yet they're making me feel like an absolute stranger coming in to steal things. do i have rights as her only living relative 18 or older?

 

[army judge]

Sorry, you're not going to like my answer.

Sadly, it is the law of intestacy that applies.

Your mom was lawfully wedded to the creep that you refer to as adoptive dad.

Well, that bum is her legal next of kin, not you.

She failed to divorce him, and he alone is entitled to all her stuff.

She should have created a will, if she wined to bequeath certain items to you.

If you take anything frm her house, that evil deadbeat, adulterer; could have you charged with certain theft related crimes.

You, your children, your brother are not your mother's legal next of kin.

As I said above, her husband remains her legal next of kin.

Unfortunately for everyone, she should had divorced this louse decades ago!

Too late now for everyone, her stuff is now legally his; including her house.

One more question, is her husband an illegal alien?

How about the greedy cow that received the insurance money?