Dad Died 2 Weeks Ago. No Will, Now His Children And Surviving Spouse Are Fighting, Im Unsure If The House Is Community Property.
Location: New Mexico USA
The Facts:
Dad died October 20th at 65 with no will. His only asset was his home, bought for 160k and is now worth an estimated 350. Has about 110k left on the mortgage. Was bought in 2018, a year PRIOR TO HIS MARRIAGE.
His wife survives him, she has a 13 year old son, my dad’s stepson, who I guess will be getting some type of survivor benefits.
My brother, 18, still lives in the home, at home. His wife is expecting him to pick up 50% of the costs but will not put him on the mortgage loan if he is to remain there, so he wants to leave.
I am 23, live out of state, don’t care what happens just want everyone to leave me alone as I’m 30 weeks pregnant and everyday I’m getting more and more stressed.
My little sister is 21 - she is a disabled adult child. Severe bipolar, autism, possible schizophrenia. She lives in a program environment and will now go from SSI to DAC SSDI benefits.
3 oldest brothers - all in prison.
Oldest sister - estranged.
Dad divorced ex spouse, my mom, years and years ago. Remarried in 2019, bought the house in 2018.
I’m so confused on what happens and how we get to probate??? My stepmom wants to keep the house but she makes minimum wage, speaks almost NO English and just got US citizenship. She expects my little brother to take over 50% of the house expenses which would be his entire check plus some, so he wants to move. She absolutely cannot afford this house and the more me and my siblings talk about it we want to sell so that everyone can start fresh and stop freaking fighting.
My stepmom has an expectation that our family will help cover whatever she can’t cover, which is impossible. My sister is disabled, I’m a stay at home wife and expecting my first child in January, my little brother is literally 18 years old, and everyone else is in prison.
He has talked about possibly contesting in probate. He thinks that her getting 75% of the house sale profit and the remaining children splitting 25% is fair, which aligns with what sounds like NM state law? But I’m unsure if the house counts as community property.
Thank you.
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