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?
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, ...?
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?