Legal Question in Wills and Trusts in Idaho

Wills. Probate and Inheritence

Our mother died when the four of us were under age. Dad and mom owned property and had investments. Dad remarried. Some of the investments were sold after he remarried and us four kids were of legal age. He sold part of his and mom's property and kept some of it and built a house on it for him and his new wife.they had two children together. Dad made out a will. Dad died. Our stepmother is telling her attorney that there is no will. She has also listed their assets at a much lower amount then what we know they are. she wants everything probated and turned over to her. She refuses to even give us our mothers things.What are our rights and what should we do?


Asked on 3/31/02, 1:03 am

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Wills. Probate and Inheritence

You don't have enuf info for a proper answer but I'll do my best. Your mother's estate should have been probated at her death at which time her property would have gone to your father and if she intended any to go to you kids, that could have been done at that time. Now, however, the property is probably your dad's property. therefore, you need to file an action in the probate objecting to your step'mom's actions, alleging that a will was made and she has the original, that the estate is greater than the estate she estimated for tax purposes in the Estimated Assets of the Estate which must be filed with the court. You should hire an attorney b/c there is no way that you could do this on your own. My teleph # is 208-345-3817

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Answered on 4/01/02, 12:32 pm


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