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My grandmom was released into our home/her house after a broken leg, ankle. She left rehab into my sole care for her until her recent passing. No will and her son, my uncle just joint on her bank account. There is a nomination paper that says her 4 children get 25 % of her small estate to split. My mom, one of her children is passed and her husband wants her 25%. What are his rights?

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What do you mean by 'nomination paper'?

If there is no will, your state's intestacy laws will apply. I think your stepfather will probably be out in the cold, but if he argues the dispute could easily swallow up a small estate so if you're on speaking terms with him, discourage him. I don't at all have any confidence in this either, but I'd have thought that you as her child might have a better claim on her theoretical share of her mother's estate than he does.

What's this about the house? Are you the caregiver grandson, living in your late grandmother's house and hoping to stay there? Unless your uncle/aunt(s) agree I'm afraid you won't have a leg to stand on.

Does it leave you in difficulties? When did you move in to your grandmother's house?
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Since your mom has kids, they will most likely get her 25% of the estate and her husband gets nothing. If there were no kids, then depending on the state, your moms husband might be entitled to her share. But that’s moot since she has kids. Her kids are first in line.
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No Will then someone needs to go to Probate and become an Administrator. That person will be given a short certificate to handle grandmoms finances and find out what her estate encompasses. If there is a house, then its either sold or one of the siblings will need to buy the others out. Never heard of a nomination paper. The State will step in since there is no Will. The husband may be entitled to a % of her estate and then the children. In my State the spouse gets 75% and the children 25% split between the children. I suggest a lawyer. His fees will come out of the estate.
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worriedinCali Jul 2020
But in this situation, it’s the grandmother who has passed. So the spouse getting 75% would apply to the grandmothers spouse if he was still living and it appears he is not. The OPs mother’s husband isn’t entitled to 75% of the grandmothers estate.
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File in probate. There is no way to sell her property. Try to gather any documents she has but with no will or designated beneficiaries, there is a general pattern that the courts use for distribution. You need to realize that if she filed taxes there is still 1 more to do this year. Expect that final distributions may take up to a year to complete so no one can demand immediate payout. The good news is that the joint account is now owned by the joint holder.
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I am not a lawyer, laws vary by state, ...

If I understand correctly, nomination papers are beneficiary designations.

In general, real estate transfers must be in writing. I believe the claim order would be:
1) transfer on death beneficiary
2) heirs as specified in will
3) interstate succession law of given state: mine is: spouse, child, parent, siblings, ...

So, uncle gets bank account but may chose to share or pay final expenses to honor Grandmoms wishes.

Where it gets more complicated is with the deceased child ( Mom). If Mom outlived Grandmom, then her husband may inherit based on her will or interstate succession. If Mom passed before Grandmom, then Grandmom's arrangements apply.

However, there are different approaches to splitting among Grandmom's children. If the approach called per stirpes applies then Grandson has a claim to Mom's share, shared with mom's other children, if any.

Consult a lawyer. Anyone can sue for anything. Is there any evidence like a caregiver contract or receipts for out of pocket expenses, a video of the family all agreeing to the grandson getting something, ...?
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