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Posted on: November 30th, 2011
A terrible story came across my desk one day.  Bridget Dick in my office got a call from her brother-in-law needing some legal assistance after his step-father's death.  Millions of dollars are on the line and it is currently a mystery as to who will inherit.

Mark Stine of Seattle, Washington hadn't heard from his step-father, Todd Ray in a couple of weeks.   Mark finally decided to take a drive out to his step-father's home to check on him--only to find that he had died.  The death occurred some time before Mark found the body and since his step-father lived with no other family, no one realized the death occurred.  Mr. Ray was divorced and he had no biological children.  He also had no brothers or sisters and his parents had long since passed away.  His closest relative was his step-son Mark--but Mark isn't a biological relative.

Eventually Mark began sorting through his step-father's mail.  He opened a statement from a brokerage company--to find his step-father had a two million dollar account.  Mark remembered his step-father telling him that he would inherit everything from him; but Mark hasn't been able to locate a will.

This matter is now in court in Washington State--where a judge will decide who will inherit the two million dollar, plus estate.  If the brokerage account with the two million dollars doesn't have a "transfer of death" designation, then the step-son will most likely not inherit it.  Without a will, a descendant's estate transfers to the heirs according to the law.  In this case, we must look to Washington state law to determine the 'legal' heir.  Because Mark is not a legal descendant of his step-father's, he most likely won't be considered the heir. 

Bridget in our office is saddened by this incident because she has the fate of experiencing first hand a family member whose lack of legal planning is causing a major legal battle.  Not only is the large amount of money at stake,  Mark has to live with the fact that this matter wasn't important enough to his step-father to ensure it was taken care of.

Planning for your family--especially if they are not 'legal heirs' under state intestate laws is not something to put off.  If your family doesn't have a legal plan, take the time to get one so your family will know, even in the event of a tragedy, you cared enough to ensure their protection.

You can learn more about Nickerson Law Group and how it helps families throughout Austin at www.estateplanningaustintexas.com.   This website offers loads of free informational reports, including THE TEN MOST COMMON LEGAL MISTAKES PARENTS MAKE and THE SPECIAL NEEDS FREEDOM GUIDE.  If you have been looking for someone to help your family get its legal affairs in order, the Nickerson Law Group invites you to schedule a personal Family Legal Planning Session today.   For more information call their office at 512.461.1383.
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